Uttar Pradesh State Road ... vs Uma Singh And 8 Others
2022 Latest Caselaw 3459 ALL

Citation : 2022 Latest Caselaw 3459 ALL
Judgement Date : 19 May, 2022

Allahabad High Court

Uttar Pradesh State Road ... vs Uma Singh And 8 Others on 19 May, 2022

Bench: Vipin Chandra Dixit




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- FIRST APPEAL FROM ORDER No. - 666 of 2022
 

 
Appellant :- Uttar Pradesh State Road Transport Corporation
 
Respondent :- Uma Singh And 8 Others
 
Counsel for Appellant :- Sunil Kumar Misra
 
Counsel for Respondent :- Sandeep Maniji Bakhshi
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Sunil Kumar Misra, learned counsel for the appellant and Sri Sandeep Maniji Bakhshi, learned counsel for the claimants-respondents.

It is submitted by learned counsel for the appellants that the Tribunal has wrongly interpreted the evidence available on record and has awarded the excessive sum of amount. It is further submitted that the Claim Tribunal has erred in accepting monthly income of the deceased as Rs.15,707/- in addition of pension of Rs. 12,504/- per month in absence of any cogent evidence.

Matter requires consideration.

Admit.

Issue notice.

Sri Sandeep Maniji Bakhshi, Adocate has already put in appearance on behalf of claimants-respondents nos. 1 to 4.

Notices be issued to respondent nos. 6, 7, 8 and 9 returnable at an early date.

Steps be taken within one week by registered post.

Summon the lower court record at the expense of appellant.

List after receipt of lower court record.

Until further orders, effect and operation of judgment and award dated 29.10.2021 passed by Presiding Officer, Motor Accident Claim Tribunal, Basti in Motor Accident Claim Petition No. 66 of 2014 (Smt. Uma Singh and others vs. R.M.UPSRTC, Faizabad and others) shall remain stayed provided the appellant deposits the entire awarded amount including interest as awarded against appellant within a period of two months from today. The claimants-respondents are entitled to withdraw 75% of the deposited amount without furnishing any surety and remaining 25% is directed to be invested in fixed deposit scheme with nationalized bank for a period of three years or till disposal of this appeal. The statutory deposit of Rs. 25,000/- shall be remitted to the claims Tribunal for adjustment to the amount deposited by the appellant.

Order Date :- 19.5.2022

Puspendra