1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No.4637/2008 {Uttar Pradesh State Road Transportation Corporation Versus Gambhir Singh & Another} Date of Order :: 25th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. J.P. Gupta for Mr. Pankaj Gupta for the appellant BY THE COURT: Heard the learned counsel for the appellant. The U.P. State Road Transport Corporation has preferred this appeal against impugned award dated 15th October, 2007 passed by the Motor Accident Claims Tribunal and Additional District & Sessions Judge (Fast Track) No.1, Bharatpur in M.A.C.T. Case No. 569/2004, whereby the learned Tribunal allowed the application filed by claimant-respondent no.1 and passed an award of an amount of Rs. 40,000/- in his favour with interest @ 9% per annum from the date of claim application i.e. 6th January, 2003 in respect of injuries and permanent disability suffered by him in motor accident took place on 24th November, 2002. 2. The only contention of learned counsel for the appellant is that the accident took place in between the bus of appellant- 2 Corporation and one tractor, but claim application was filed only against appellant- Corporation and its driver whereas the owner, driver and Insurance Company of the tractor were also necessary party, but they were not impleaded as a party and as such the claim application should have been dismissed only on this ground alone, therefore, the impugned award passed by learned Tribunal is liable to be set-aside. 3. I have considered the submissions of learned counsel for the appellant and examined the impugned award passed by the Tribunal. The Tribunal while deciding issue no.1 has recorded a finding of fact that accident took place because of negligence on the part of driver of bus of the appellant-Corporation. After investigation of criminal case challan was also filed against driver of the appellant- Corporation. After scrutinizing the evidence on record, the Tribunal has recorded a finding in respect of issue no.1 against appellant- Corporation and it has been held that accident took place because of negligence on the part of the driver of the appellant-Corporation. The learned counsel for the appellant is unable to point out any evidence in his favour so as to 3 say that there was negligence on the part of tractor driver also. In view of specific finding in this regard, I find that there was no necessity to implead the driver, owner and Insurance Company of the tractor as accident did not take place because of their negligence. In these circumstances, I do not find any force in the submission of learned counsel for the appellant. 4. During the course of argument, the learned counsel for the appellant also admitted that an amount of Rs. 25,000/- was deposited before filing the appeal and rest amount has already been recovered from the appellant. 5. Be that as it may, in view of above discussion and further that no evidence has been pointed out to hold the driver of the tractor as negligent, there is no force in the submission of the learned counsel for the appellant. 6. In view of above discussion, I do not find any merit in this appeal and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Misc. Stay Application No. 3014/2008 In S.B. Civil Misc. Appeal No.4637/2008 {Uttar Pradesh State Road Transportation Corporation Versus Gambhir Singh & Another} Date of Order :: 25th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. J.P. Gupta for Mr. Pankaj Gupta for the appellant BY THE COURT: Consequent upon the dismissal of the misc. appeal, the stay application, filed therewith, does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK 5