Uttar Pradesh State Road ... vs Smt. Naraini Devi And Others
2023 Latest Caselaw 12139 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 763 of 1997
 

 
Appellant :- Uttar Pradesh State Road Transport
 
Respondent :- Smt. Naraini Devi And Others
 
Counsel for Appellant :- V.K.Singh,Jitendra Kumar
 
Counsel for Respondent :- Surendra Kumar Tripathi
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Heard Sri Jitendra Kumar, learned counsel for the appellant. None appeared for the respondents.

By way of this appeal, the appellant has challenged the judgment and award dated 5.2.1997 passed by XIIth Additional District Judge/M.A.C.T, Agra in Claim Petition No.98 of 1995 awarding compensation of Rs.1,18,500/- .

The factual scenario as it emerges from the record is that on the fateful day i.e on 23.12.1994 the accident occurred. The respondent/appellant herein in written statement had contended that the bus had not been involved in any accident and it was in workshop at the time of accident. There is further denial of all the facts, even the occurrence of the accident at 7:00 p.m with the bus in question is denied, however, while going through the record it is very clear that the charge sheet was filed against the driver of the bus and it culminated into laying of charge sheet and in that view of the matter when it is not proved that the vehicle was not involved in the accident the finding of fact by the tribunal cannot be interfered by this Court which is well penned and well reasoned to come to the conclusion that the vehicle was involved in the accident, this ground fails. As far as the compensation awarded is concerned the tribunal rather has awarded the amount on the lower side as no future prospects has been considered.

In that view of the matter, the appeal fails and is dismissed.

Record and proceedings be send back to the tribunal.

The amount kept in fixed deposit be disbursed to the claimants forthwith.

The amount before this Court be transmitted to the Tribunal, if yet not transmitted. The remaining amount which has not been deposited be deposited forthwith by the U.P.S.R.T.C.

This Court is thankful to Sri Jitendra Kumar, learned counsel for the appellant for ably assisting this Court.

Order Date :- 20.4.2023/PS