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U.P. State Road Transport Corp. Thru' Regional Manager v. Chandra Bhan Gupta & Others - FIRST APPEAL FROM ORDER No. 1280 of 2007 [2007] RD-AH 9285 (15 May 2007)


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Court No. 3

First Appeal From Order No. 1280 of 2007.

U.P. State Road Transport Corporation, Kanpur

Region, Kanpur through its Regional Manager. ..... ...........Appellant.


Chandra Bhan Gupta and others. ... ..... .... .........Respondents.


  (Hon'ble Mr. Justice Amitava Lala and Hon'ble Mr. Justice V.C. Misra)


For the Appellant : Sri Shiv Sagar.


Amitava Lala, J.-- In this appeal two points have been raised by the appellant; firstly, income of the deceased and secondly, negligence on the part of driver of the vehicle.

So far as the income of the deceased is concerned, in 2002 (1) TAC 138 (SC) (Lata Wadhwa and others Vs. State of Bihar and others) three Judges' Bench of the Supreme Court held that when there is no fixed income, the income of house wife is to be treated as Rs. 3,000/-. Here, the deceased has been shown that she was doing the stitching works, which was not being accepted by the tribunal but fixed the notional income. However, the income has been accepted by the tribunal as Rs. 2,000/-, which is even in lower side of the Supreme Court judgement. Therefore, we do not find any ground of challenge by the appellant on that score.

So far as the accident is concerned, it has been said by the driver of the appellant in the Court that when the lady stepped down from the bus, she was hit by a tempo not by the bus itself. But no further witness was given in evidence in support of such contention. In further, the driver said that he observed from the rear side view about the happening. But the tribunal has disbelieved the statement on the ground that it would have been appropriate for the bus driver to stop the bus and enquire when a passenger stepped down and met with such accident. The court below taking into account the evidential view came to the finding when no other witnesses were examined on their part. Therefore, we also do not find any cogent reason to interfere with such finding.

Thus, taking into account totality we are of the view that the appeal can not be sustained even at the stage of admission. Hence, the appeal stands dismissed.

No order is passed as to costs.

The amount of statutory deposit of Rs. 25,000/-, which has been made before this Court, be remitted to the concerned tribunal, which will be adjusted in the awarded amount.          

(Justice Amitava Lala)

   I agree.

(Justice V.C. Misra)




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