New Delhi, Oct 1 A Delhi court directed the Uttar Pradesh State Road Transport Corporation (UPSRTC) to pay over Rs 61.77 lakh, along with nine per cent annual interest, to the family of a 39-year-old businessman who died in a road accident in 2021.
Presiding Officer Manish Sharma was hearing the claim petition filed by the family of Rajeev Tyagi and held that the accident was caused by the rash and negligent driving of the UPSRTC bus driver, Satendra Kumar.
In an order dated September 25, the tribunal said, "This Tribunal holds that the deceased died on account of neglect and default of Respondent No. 1 (bus driver) while driving the offending vehicle at the relevant time."
According to the claim petition, Rajeev Tyagi was travelling on a motorcycle with a woman and her children from Chhapraula to Lal Kuan on March 29, 2021, when a UPSRTC bus hit the motorcycle from behind near Bisrakh Mod in Gautam Budh Nagar, Uttar Pradesh. Tyagi and the woman were declared brought dead at the hospital.
The driver and UPSRTC had contested the petition, challenging the tribunal's jurisdiction and claiming Tyagi lost control while trying to overtake the bus. However, the tribunal rejected the contention.
It relied on the testimony of an eyewitness, a child who was on the motorcycle, which it found "uncontroverted and unrebutted".
It also noted that an FIR under IPC sections 279, 427, 338 and 304-A had been registered against the driver at Badalpur police station and a charge sheet filed.
The tribunal further observed that the driver and the corporation did not produce data from the bus's vehicle tracking system, did not report the incident to their department and offered no explanation of the circumstances. They did not give any evidence of a mechanical defect or negligence by the deceased, it said.
"In the absence of any such averment or evidence... the only inference possible... is that of neglect and default on the part of Respondent No. 1," the tribunal held.
To compute compensation, the tribunal assessed Tyagi's income at Rs 31,223.50 per month on the basis of his income tax returns, as he ran a tent business.
The tribunal then awarded Rs 61.77 lakh to the family of Tyagi under various heads.
The tribunal directed the UPSRTC to deposit the amount within 30 days, failing which it will be liable to pay interest at 12 per cent per annum for the period of delay. Interest at nine per cent is payable from the date of filing of the petition in September 2021 till realisation.
