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U.P. STATE ROAD TRANSPORT CORPORATION versus SMT. KUSUM LATA & OTHERS

High Court of Judicature at Allahabad

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U.P. State Road Transport Corporation v. Smt. Kusum Lata & Others - FIRST APPEAL FROM ORDER No. - 2624 of 2007 [2007] RD-AH 15965 (24 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 10.

FAFO No. 2624 of 2007.

U.P.S.R.T.C.....................................Appellant

vs.

Smt. Kusum Lata & others.............Respondents.

*****************

Hon. Yatindra Singh, J.

Hon. Vijay Kumar Verma, J.

1. Being aggrieved by the judgment and award dated 16.05.2007 passed by MACT/ Additional District Judge, Court No. 12, Aligarh in MACP No. 577 of 2004 (Smt. Kusum Lata & others vs. U.P.S.R.T.C. & another), instant appeal has been preferred under Section 173 of Motor Vehicles Act, 1988.

2. We have heard Sri V.C. Dixit learned counsel for the appellant on the point of admission and perused the impugned judgment carefully.

3. Sri Kuldeep Kumar Garg met with an accident and died on 25.09.2004. The said accident is alleged to have occurred due to rash and negligent driving of UPSRTC bus No. UP-81F/ 9427, which was being driven by opposite party no. 2 at the time of accident.

4. The Tribunal below has recorded the finding that the accident was caused due to negligence of bus driver. There is no illegality in this finding, which is based on proper appreciation of evidence.

5. The Tribunal has held that the deceased was carrying on the cloth business and he was earning Rs. 3000/-per month. The compensation of dependency has been assessed after deduction of 1/3rd amount on personal expences of the deceased. The date of birth of the deceased as per High School certificate is 10.01.1972. On the basis of the age of deceased, the Tribunal below has applied multiplier of 17 as per second scheduled of Section 163-A of Motor Vehicle Act and has granted compensation accordingly. The finding on the quantum of compensation also does not suffer from any illegality.

6. For the reasons mentioned above, interference by this Court in the impugned judgment/award is not warranted.

7. In the result, the appeal is hereby dismissed.

Dtd. 24.09.2007

v.k. updh.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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