In an appeal challenging a Motor Accident Claims Tribunal award, the High Court dismissed the attempt to upset the finding of driver negligence and the compensation quantum of Rs. 40,500 conceded by the appellant.
Appeal dismissed.
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Court No. - 21
Case :- FIRST APPEAL FROM ORDER No. - 413 of 1991
Appellant :- U.P.State Road Transport Corporation Respondent :- Km. Kaushal Sharma Counsel for Appellant :- Sunil Kumar Misra Counsel for Respondent :- Sisir Kumar,M.D.Singh, Ajay Singh and A.K. Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Shri Sunil Kumar Misra, learned counsel for the appellant and Shri Ajay Singh, learned counsel for the Insurance Company.
Sri A.K. Srivastava, learned counsel for respondent No.1 has absented himself today.
None present for the claimants.
This appeal, at the behest of the respondents, challenges the judgment and decree dated 3.1.1991 passed by Motor Accident Claims Tribunal/IXth Additional District Judge, Meerut (hereinafter referred to as 'Tribunal') in Motor Accident Claim Case No.296 of 1986 awarding a sum of Rs.40,500/- with interest at the rate of 12% as compensation.
In short, the appellant has challenged the finding of negligence when the bus remains in two stationary drivers cannot be said to be finding is perverse. The learned Judge while deciding the claim petition has held that the driver of the bus was solely negligent. The witness has also deposed that bus was being driven rashly and negligently. The bus swerved towards its right hand side and dashed against the tempo and also truck to the remaining two Tempos are permit this Court to upturn the finding of negligence, the answer is 'No'.
Hence this appeal is discussed.
As far as the question of the quantum is concerned, it cannot be said that the amount awarded in the year of accident is an exorbitant side rather it is a claim that tribunal is awarded only Rs.40,500/- with interest @ 12%, it cannot be said to be higher side. This appeal has remained pending since 1991.
In view of the above, the appeal is dismissed .
Order Date :- 16.12.2021 A.N. Mishra
2 issues framed by the court
Whether the Tribunal's finding of driver negligence on the appellant bus is perversely unsupported.
Whether the compensation amount awarded to the respondent is excessive.
U.P. State Road Transport Corporation
Km. Kaushal Sharma
Dr. Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
