U.P.S.R.T.C. vs Anju Devi And 6 Ors.
2013 Latest Caselaw 978 ALL

Citation : 2013 Latest Caselaw 978 ALL
Judgement Date : 16 April, 2013

Allahabad High Court

U.P.S.R.T.C. vs Anju Devi And 6 Ors. on 16 April, 2013

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 974 of 2013
 

 
Petitioner :- U.P.S.R.T.C.
 
Respondent :- Anju Devi And 6 Ors.
 
Petitioner Counsel :- S.K. Mishra
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the appellant submitted that though the Tribunal referred the site-plan wherein the accident has been shown in the middle of the road and the appellant has adduced the evidence to establish that the accident has been caused due to the negligence of the driver of the Motorcycle still the Tribunal has fastened liability on the appellant to the extent of 90% and only 10% negligence has been held on the part of the driver of the Motorcycle.

Admit.

Issue notice. The appellant may take steps to serve the respondents by registered post.

Until further orders of this Court, the operation of the judgment and order dated 8.1.2013 passed by the Motor Accident Claims Tribunal, Mirzapur in MACP No. 224 of 2011 shall remain stayed provided the appellant deposits the entire amount of compensation within a period of one month. Out of the amount deposited, the claimants shall be entitled to withdraw 50% of the amount and the balance amount shall be kept in a Fixed Deposit Scheme of any Nationalized Bank yielding maximum interest. Any amount already deposited shall be given adjustment.

Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks.

Order Date :- 16.4.2013