State Of U.P. vs Km. Nirupma Kapoor
2023 Latest Caselaw 5149 ALL

Citation : 2023 Latest Caselaw 5149 ALL
Judgement Date : 15 February, 2023

Allahabad High Court

State Of U.P. vs Km. Nirupma Kapoor on 15 February, 2023

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 358 of 1996
 

 
Appellant :- State of U.P.
 
Respondent :- Km. Nirupma Kapoor
 
Counsel for Appellant :- Prabodh Gaur,S.C.
 
Counsel for Respondent :- Amit Sthaleker
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

By way of this appeal, the appellant has felt aggrieved by the judgment and award dated 10.2.1995 passed by District Judge/ Motor Accident Claims Tribunal, Kanpur Nagar in Motor Accident Claim Petition No. 159 of 1991 awarding the compensation of Rs.1,25,000/- to the respondents-claimants.

Heard Ms. Aarushi Khare, learned counsel for the appellant. None appears for respondent-claimant.

The main bone of contention is that learned Tribunal has not considered the question of negligence in its proper perspective may be qua the claimant. It was a case of composite negligent but the driver of TVS scooty was equally negligent.

This Court does not find any reason to deviate from the findings of fact recorded by the court below. As far as the contention that the quantum awarded is on higher side cannot be accepted. The young girl has been granted a sum of Rs.1,25,000/-. There is no reason to interfere in the well pend judgment and order of learned Tribunal.

The appeal is accordingly, dismissed.

Record be sent back to the court below.

Interim order, if any, stands vacated.

If the amount not deposited, yet be deposited forthwith. The amount be disbursed to the claimant.

Order Date :- 15.2.2023

P.S.Parihar