Dismissed

Uttar Pradesh State Road Transport Corporation v. Praveen Kumar S/o Gaje Singh

Allahabad HC13 Sept 2022FAFO/1260/2021

Case brief

AI extract

What is this about?

This court dismissed the appeal filed by the UP State Road Transport Corporation against a Motor Accident Claim Tribunal award. The court upheld the tribunal's finding that the claimant suffered 100% loss of earning capacity due to leg amputation and held the mental agony award to be just.

What did the court decide?

The first appeal against the Motor Accident Claim Tribunal's order dated 06.02.2021 was dismissed with no order as to costs.

Uttar Pradesh State Road Transport Corporation Vs… — Motor Accident Claims | Allahabad HC (2022)

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 1260 of 2021

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Appellant :- Uttar Pradesh State Road Transport Corporation Respondent :- Praveen Kumar S/O Gaje Singh Counsel for Appellant :- Rahul Agarwal Counsel for Respondent :- Satya Deo Ojha

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Hon'ble Saral Srivastava,J.

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Heard Sri Vidit Agarwal, Advocate holding brief of Sri Rahul Agarwal, learned counsel for the appellant and Sri Satya Deo Ojha, learned counsel for the respondent.

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The present appeal has been preferred by the appellant challenging the award dated 06.02.2021 passed by Motor Accident Claim Tribunal, Meerut in M.A.C.P. No. 902 of 2016, whereby the tribunal has awarded Rs. 6,43,750/- as compensation to the respondent/claimant.

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Challenging the award the learned counsel for the appellant contended that the compensation award is excessive. It is submitted that as per disability certificate the claimant/respondent has suffered 70% disability whereas the tribunal has illegally held that disability of the claimant/respondent is 100%. It is further submitted that the award of one lac as compensation towards mental and physical pain and agony is excessive and it is submitted that the compensation awarded by tribunal needs to be reduced.

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Per contra, learned counsel for the respondent/claimant contended that the respondent/claimant is a driver and his right leg has been amputated due to injuries suffered by him in the accident and thus, he cannot drive in future, accordingly it is submitted that the claimant/respondent suffered 100% loss earning capacity due to the injuries suffered by him in the

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accident and thus the tribunal has rightly held that claimant/respondent has suffered 100% loss earning capacity. It is further submitted that it is a case of amputation of leg and considering the grievous nature of injury award of one lac is just and proper and cannot be said to be excessive in the facts of the present case.

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I have considered the rival submission of the learned counsel for the parties and perused the record.

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It is not in dispute that the claimant/respondent has suffered injuries in the accident and his right leg has been amputated from above knee. The claimant/respondent was employed as a driver and because of amputation of his right leg, he cannot drive any vehicle in future. In such facts and circumstances, the claimant/respondent have suffered 100% loss earning capacity as the injuries suffered by him has incapacitated him from doing any work.

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In the facts and circumstances, this Court finds no illegality in the findings of the tribunal holding the claimant/respondent has suffered 100% loss earning capacity.

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Considering the grievous nature of the injury and mental shock of the claimant/respondent due to the injuries suffered by him, this Court find that the award of one lac towards the mental agony is also just and proper and is not excessive.

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Thus, for the reasons given above, the appeal lacks merit and is, accordingly, dismissed . There shall be no order as to cost.

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Order Date :- 13.9.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.09.24 12:02:53 IST Reason: Location: High Court of Judicature at Allahabad

Uttar Pradesh State Road Transport Corporation v. Praveen Kumar S/o Gaje Singh

Case brief

What is this about?

What did the court decide?

Uttar Pradesh State Road Transport Corporation v. Praveen Kumar S/o Gaje Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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