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RAJASTHAN STATE ROAD TRANSPORT CORPORATION versus SMT. JYOTI TULSIYAN & OTHERS

High Court of Judicature at Allahabad

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Rajasthan State Road Transport Corporation v. Smt. Jyoti Tulsiyan & Others - FIRST APPEAL FROM ORDER No. 1457 of 2007 [2007] RD-AH 9931 (23 May 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 OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble V.C.Misra,J.

We have gone through the judgment of the Tribunal, it appears to us that it is well considered in ascertaining the pecuniary loss and non pecuniary loss, the other part of damages based on several Supreme Court judgment's.  The ultimate award is Rs.8,46,000/-.  It is directed that half of the awarded amount is to be paid by the Corporation and other half is to be paid by the Insurance Company.  The Corporation is the appellant herein.  Therefore, the Corporation cannot speak beyond the claim of half of the amount.  It is a tentative amount of 4,00,000/- and odds.  Since the pecuniary loss of Rs.4,00,000/- and odds has been awarded as per the findings of the Tribunal,we do not find any discrepancy in the judgment and order of the Tribunal.  We confirm the same under this appeal even at the stage of admission.

However, since the amount is to the extent of Rs.4,00,000/- and odds, if he paid the same out of the sum of Rs.8,46,000/-  it will be recoverable or adjustable against the Insurance Company.  

However, in any event in view of the above circumstances the  appeal cannot  survive even at the stage of admission. The appeal is dismissed.

No order is passed as to costs.

Dt.23.5.07

PKB

FAFO 1457-07


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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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