The Uttarakhand High Court has upheld the compensation awarded to the family of an Indian Army soldier who died in a tragic road accident in 2011, rejecting an appeal by the Uttar Pradesh State Road Transport Corporation (UPSRTC).
Justice Pankaj Purohit, sitting as a single-judge bench, dismissed the appeal and confirmed the findings of the Motor Accident Claims Tribunal (MACT), Pithoragarh, which had directed the corporation to pay ₹28.91 lakh, including interest, to the family of Naik Ganesh Singh of the 5th Guards Regiment.
The court found that the accident occurred due to the negligence of the UPSRTC bus driver. The bus, travelling from Bareilly (U.P.) to Tanakpur (Uttarakhand) on July 7, 2011, collided with a stationary truck on the roadside. Singh, who was aboard the bus, sustained serious injuries and succumbed while undergoing treatment.
UPSRTC argued that the collision happened as the driver attempted to avoid hitting a cyclist and blamed the illegally parked truck. However, the High Court rejected this defence, noting that the corporation failed to produce the driver as a witness or submit any supporting evidence.
“The driver, being the best possible witness to narrate the circumstances of the accident, was not examined, nor was any material placed to prove the claim that the cyclist or the truck’s positioning caused the mishap,” the court observed.
The Pithoragarh MACT had earlier assessed the family’s claim and awarded ₹28.91 lakh based on the soldier’s income, age, and other statutory factors. UPSRTC’s appeal challenging this compensation was found to be meritless by the High Court.
The judgment reinforces the principle that mere allegations or alternate theories of accident causation, without credible evidence or witness testimony, cannot displace established findings of negligence.
