Dismissed

U.P.S.R.T.C. v. Smt. Munni Devi and Another

Allahabad HC7 May 2019FAFO/2448/2016

Case brief

AI extract

What is this about?

The Court dismissed the appeal filed by U.P.S.R.T.C. against an award granting compensation for a motor accident death. The Court held that the Tribunal correctly identified the deceased's age at 50 years (not on the lower side) and accepted uncontroverted evidence of income.

What did the court decide?

The appeal is dismissed and the impugned award is affirmed; appellant directed to deposit decretal amount within two months.

U.P.S.R.T.C. Vs Smt. Munni Devi and Another — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 40

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Case :- FIRST APPEAL FROM ORDER No. - 2448 of 2016

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Appellant :- U.P.S.R.T.C. Respondent :- Smt. Munni Devi And Another Counsel for Appellant :- Sudhir Dixit,Mangla Prasad Rai Counsel for Respondent :- Sushil Kumar Rao,Arvind Kumar Singh,Susheel Yadav

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Hon'ble Harsh Kumar,J.

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This F.A.F.O. has been filed against the judgment and award dated 29.3.2016 passed by M.A.C.T./Additional District Judge, Court No.5, Etah, hereinafter referred to as 'Tribunal' in M.A.C.P. No.73 of 2014, Smt. Munni Devi Vs. U.P.S.R.T.C. and another.

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By the impugned award Tribunal finding that accident in question did take place due to rash and negligent driving of U.P. Roadways Bus No.25AT 1365 by its driver dashing a pedestrian Naresh Singh at about 10.00 p.m. on 17.2.2013, allowed claim petition and considering the age and income of deceased awarded a sum of Rs.16,61,000/- as compensation with interest @ 7% per annum.

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Heard Shri Mangla Prasad Rai, learned counsel for the appellant, Shri Arvind Kumar Singh, learned counsel for claimant-respondent No.1 and perused the record.

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The learned counsel for the appellant has challenged the impugned award on two grounds (i) that learned Tribunal acted wrongly in assessing the age of deceased on lower side and (ii) assessing his monthly income on higher side at Rs.15,000/-.

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Per contra learned counsel for the respondents supported the impugned award.

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Upon hearing parties counsel and perusal of record I find that in its finding on issue No.4 in the impugned award, Tribunal has observed that in claim petition age of deceased has been alleged as 47 years while in his postmortem report his age has been mentioned as 50 years. Since the Tribunal has taken his age to be 50 years for computation of compensation, which is not on lower side, there is no illegality or incorrectness in the findings.

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As far as income of deceased is concerned, salaried income of deceased is proved from the evidence on record and there is no ground disbelieving uncontroverted evidence or for deviation

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from it and it is not correct to say that Tribunal has assessed his income exorbitantly or excessively.

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In view of the discussions made above, I find that there is no illegality, irregularity or incorrectness in the award. Appeal is devoid of merits and is liable to be dismissed.

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Appeal is dismissed. Impugned award is affirmed.

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The appellant shall ascertain depositing the entire decretal amount under impugned award within two months and the amount of statutory deposit be sent to Tribunal. The amount so deposited shall be paid to claimant-respondent in accordance with the impugned award.

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Let lower court record of claim petition be sent back to M.A.C.T./District Judge, Etah forthwith, along with a copy of this judgment, for ascertaining necessary compliance.

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Order Date :- 7.5.2019 T. Sinha

U.P.S.R.T.C. v. Smt. Munni Devi and Another

Case brief

What is this about?

What did the court decide?

U.P.S.R.T.C. v. Smt. Munni Devi and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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