U.P.S.R.T.C. Bareilly vs Smt. Gurmukhi Devi And Others
2023 Latest Caselaw 14028 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 933 of 1996
 

 
Appellant :- U.P.S.R.T.C. Bareilly
 
Respondent :- Smt. Gurmukhi Devi And Others
 
Counsel for Appellant :- Samir Sharma(Senior Adv.),Dharmendra Dhar Dubey,S.K.Misra
 
Counsel for Respondent :- Ak Srivastava,Komal Mehrotra
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard Sri Dharmendra Dhar Dubey, learned counsel for the appellant.

2. By way of this appeal, the U.P.S.R.T.C. has challenged the judgment and decree dated 17.8.1996 passed by the Motor Accident Claims Tribunal/VIII Additional District Judge, Bareilly in M.A.C.T. Case No. 395 of 1994.

3. While going through the record, this Court feels that grounds urged do not make out a case for this Court to interfere. Rather in a matter which arose out of same accident, similar argument has been negatived by this Court in First Appeal From Order No.2146 of 2003 wherein the Court has held as under :

"After arguing at some length, learned counsel for the appellant / UPSRTC is an agreement that it is an internal matter between the UPSRTC and Uttranchal / Uttarakhand State Road Transport Corporation and only an observation will be sufficient that UPSRTC after making payment of the amount of compensation in favour of the claimants will be entitled to lodge a claim on the successor corporation in the State of Uttrakhand in terms of the government notification. For the present appeal is dismissed as it does not raise any substantial question of law or any such ground which has not been dealt with by the learned Tribunal in its entirety. Thus, appeal fails. However, a liberty is reserved in favour of the appellant that in case they are so advised, they may lodge a claim for reimbursement with the Uttrakhand State Road Transport Corporation.

At this stage, learned counsel for the appellant submits that, if any, amount deposited by the Insurance Company, in compliance of the provisions contained in Section 173 of the Motor Vehicles Act, be remitted to the Claims Tribunal to be adjusted from the claim amount.

This prayer is allowed, Registry is directed to do the needful."

4. Even on smallness of amount, this appeal requires to be dismissed and is dismissed as it would not be proper now to send the matter again back to the Uttarakhand from where it was returned.

5. Interim relief, if any, stands vacated forthwith. Record and proceedings be sent back to the Tribunal who shall disburse the amount immediately to the claimant within eight weeks from today.

Order Date :- 3.5.2023

Mukesh