Partly allowed

Uttar Pradesh State Road Transport Corporation v. Kashmir Singh and Others

Uttarakhand HC6 Jul 2017AO/38/2016

Case brief

AI extract

What is this about?

This appeal against a Motor Accidents Claims Tribunal award involved a fatal road accident. The High Court upheld the finding of bus driver negligence but held that the deduction for personal expenses of the deceased should have been one-half, not one-third. The award was modified to Rs. 3,59,000/- without interfering with other components.

What did the court decide?

Compensation increased to Rs. 3,59,00/- with 6% interest; impugned award modified and remanded.

Uttar Pradesh State Road Transport Corporation Vs… — Motor Accident Claims | Uttarakhand HC (2017)

¶1

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

¶2

Appeal from Order No. 38/2016

¶3

Uttar Pradesh State Road Transport Corporation

¶4

…. Appellant

¶5

Versus

¶6

Kashmir Singh & Others .… Respondents

¶7

Mr. Arvind Vashistha, Senior Advocate, assisted by Smt. Monika Pant, Advocate for the appellant. Mr. Lokendra Dobhal, Advocate, for the claimants/respondents no. 1 to 3. None for the respondent no. 4.

¶8

July 6 th, 2017

¶9

Hon’ble Servesh Kumar Gupta, J.

¶10

Having heard learned Counsel for the parties, it transpires that the accident occurred on 18.6.2014 at 12 noon on Roorkee Haridwar Road within the territorial jurisdiction of the Police Station Bahadrabad. The deceased Smt. Daljeet Kaur was a pillion rider on the motorcycle no. UK08X/1518, which was being driven by her husband Kashmir Singh (one of the claimants). The roadways bus no. UP11T/3482 came from behind and all of a sudden, the bus slightly took the right turn and as a consequence, the rear portion of the bus struck the motorcyclists. Such bike became disbalanced and as consequence, Smt. Daljeet Kaur, aged 42 years, fell down from the pillion seat. She became seriously injured and breathed her last on account of such injuries caused in the accident. So, a claim petition no. 206/2014 was initiated by her husband Kashmir Singh as well as two minor daughters against the U.P. State Road Transport Corporation demanding compensation of Rs. 33,25,000/- along with 12 per interest.

¶11

Learned Tribunal vide the impugned judgment and order dated 19.11.2015 has awarded the compensation

¶12

¶13

to the tune of Rs. 4,37,000/- along with 6 per cent simple annual interest with effect from the date of presentation of the claim petition till the actual payment is made.

¶14

Considering the map prepared by some Sub Inspector of Police Mr. Bhagat Das, posted in the Police Station Bahadrabad in those times, I feel that the bus driver was negligent enough and the responsibility to cause this accident may safely be attributed to his negligence. Otherwise also, the bus driver Mr. Lokesh Kumar has not denied such accident.

¶15

The only question which remains for contemplation is that the Tribunal has deducted one-third towards the personal expenses of the deceased, while it ought to have one-half because she was not the earning member of her family. The husband Kashmir Singh, who is the claimant also, is the earning member. So in any way, there was no income which the deceased Smt. Daljeet Kaur used to earn on her own. So, the notional income has been taken as a base for evaluating the compensation. I think no infirmity has been committed by the Tribunal on this score.

¶16

However, I think one-half should have been deducted towards the personal expenses of the deceased. This way, on deducting the same, the annual income comes to Rs. 18,000/- and on applying the multiplier of 13, the sum of compensation comes to Rs. 2,34,000/-, instead of Rs. 3,12,000/-.

¶17

This Court is not inclined to interfere with the amounts awarded on other scores like loss of love and affection and cremation because the deceased was running in her early 40s. So, such amounts seem to be appropriate from that angle.

¶18

Thus the total amount of compensation comes to Rs. 3,59,000/-, which shall be payable by the appellant

¶19

¶20

along with 6 per cent simple annual interest with effect from the date of institution of the petition till the actual payment.

¶21

With the above modification in the impugned award, this appeal stands partly allowed. Registry shall remit the compulsory statutory amount along with the interest accrued on it to the Tribunal concerned. The amount already lying deposited and the interest it has earned shall be released in favour of the claimants as per their respective shares. Remaining amount shall be deposited by the appellant at the earliest. Let the LCR be sent back.

¶22

(Servesh Kumar Gupta, J.)

¶23

Prabodh

Uttar Pradesh State Road Transport Corporation v. Kashmir Singh and Others

Case brief

What is this about?

What did the court decide?

Uttar Pradesh State Road Transport Corporation v. Kashmir Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt Heena Singh Vs Paramveer Singh

Smt Priyanka Mandal Vs Subrato Mandal

Km. Chandni Tikku Vs Samit Tikku

Mukesh Gupta Vs Dhayan Singh Negi and Another

Smt Vineeta Chauhan Vs Priyank Chauhan

Shyamal Adhikari and Others Vs Champak Vishwas