STATE OF U.P. versus SMT. PIYARI DEVI & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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State Of U.P. v. Smt. Piyari Devi & Others - FIRST APPEAL FROM ORDER No. 918 of 1982 [2007] RD-AH 14485 (27 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Pankaj Mithal, J.

Heard Sri V.C. Dixit, learned counsel for the appellant. No one appears for the respondents despite repeated calls.

An accident took place on 10th July 1979. One of the vehicle involved in the accident was of the Air Force, Bamraulli i.e. Union of  India and the other vehicle was of the Public Works Department i.e. State of U.P.  On account of the said accident, several claim petitions were preferred before the Motor Accident Claims Tribunal, Allahabad. They were clubbed together and were decided vide common judgment, order and award dated 31.7.1982. The Tribunal held that both the driver of the vehicles were negligent and thus, apportioned their liability in the ratio of 1/4  : 3/4  i.e. 1/4th  upon the Union of India and 3/4th upon the State of U.P.

Against one of the aforesaid award passed in MAC No. 3 of 1982, this First Appeal From Order has been preferred by the State of U.P. through Collector, Allahabad.

The sole question involved in this appeal is with regard to the apportionment of the liability to pay compensation inter se between the Union of India and State of U.P.

Sri V. C. Dixit, learned counsel appearing for the State of U.P. informs that against this very judgment, order and award of the Tribunal two other First Appeal From Order being FAFO No. 725 of 2002 and 908 of 1982 were preferred. The said appeal were referred to the Lok Adalat and were decided by the High Court vide judgment and order dated 24th August 1996 on the recommendation made by the Lok Adalat. The High Court vide the aforesaid judgment and order passed in F.A.F.O. No. 725 of 2002 and 908 of 1982 on the basis of the compromise arrived at before the Lok Adalat apportioned the liability in the ratio of 1/3rd and 2/3rd instead 1/4th and 3/4th. The Union of India was held liable to pay 1/3rd of the compensation and the State of U.P. to the 2/3rd of the same.

Learned counsel appearing for the appellant submits that the present First Appeal From Order may also be decided in terms of the judgment and order passed in the earlier two appeals. Accordingly the appeal is disposed of by modifying the judgment, order and award of the Tribunal dated 21.7.2002 only to the extent that the liability of the Union of India to pay compensation would be to the extent of 1/3rd of the compensation awarded in that of the State of U.P. shall be 2/3rd of the compensation so awarded.

The appeal is disposed of accordingly.

Dt. 27.8.2007

S.S. 918/1982

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