Regional Manager U.P. State Road ... vs Gulab Chauhan And Another
2021 Latest Caselaw 6056 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- FIRST APPEAL FROM ORDER No. - 381 of 2021
 

 
Appellant :- Regional Manager U.P. State Road Transport Corporation
 
Respondent :- Gulab Chauhan And Another
 
Counsel for Appellant :- Somya Chaturvedi
 
Counsel for Respondent :- Kshitij Tiwari,Dhirendra Kumar Srivastava
 

 
Hon'ble Salil Kumar Rai,J.

The present First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 has been filed challenging the award dated 23.12.2020 passed by the Motor Accident Claims Tribunal, Chandauli awarding a compensation of Rs.2,63,300/- to the claimant / opposite party for the injuries caused to him in an accident caused by the vehicle of the appellant - corporation. It has been argued that the amount of compensation awarded is on the higher side and, therefore, liable to be reduced.

A reading of the award dated 23.12.2020 shows that the compensation amount has been determined on the basis of the evidence filed by the opposite party. The compensation includes the medical expenses incurred by the opposite party, compensation for pain and suffering caused due to the accident, future medical expenses and loss of income to the opposite party due to the accident. Considering the fact that the accident resulted in fracture of the left leg of the opposite party requiring surgical implants for treatment, I do not find the compensation to be on the higher side.

There is no illegality in the judgment and award dated 23.12.2020 passed by the Motor Accident Claims Tribunal, Chandauli. The appeal is dismissed.

The amount deposited under Section 173 of the Motor Vehicles Act, 1988 shall be remitted to the Tribunal to be adjusted in the amount payable to the opposite party under the award dated 23.12.2020.

Order Date :- 7.6.2021

Satyam