Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1683 of 2008 Appellant :- State Of U.P. Thru Collector And Others Respondent :- Master Jatin Counsel for Appellant :- M.C. Chaturvedi Counsel for Respondent :- S. K. Tripathi
Hon'ble Sudhir Agarwal,J.
C.M. Delay Condonation Application No. 277604 of 2008:
1. This is an application seeking condonation of delay in filing appeal.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing appeal is hereby condoned.
5. This application, accordingly, stands allowed.
6. Let appeal be registered with regular number and old number shall also continue to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two number.
Order Date :- 27.9.2019 PS Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1683 of 2008 Appellant :- State Of U.P. Thru Collector And Others Respondent :- Master Jatin Counsel for Appellant :- M.C. Chaturvedi Counsel for Respondent :- S. K. Tripathi Hon'ble Sudhir Agarwal,J.
1. Heard larned Standing Counsel under Order 41 Rule 11 C.P.C.
2. This Appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as “Act, 1988”) has been filed by State challenging the judgment and award dated 23.11.2007 passed by Motor Accident Claims Tribunal/Additional District Judge (Special), Baghpat in Motor Accident Claim Petition No. 86 of 2005 whereby compensation of Rs. 1,56,500/- has been awarded to the claimants along with interest at the rate of 6 per cent per annum from the date of presentation of petition till final payment is made.
3. The facts in brief are that Government Jeep No. UP15D-6957 driven negligently and rashly by its Driver met an accident with Motorcycle No. UP17B-0559 whereon minor victims Jatin and Jitendera were riding along with their uncle. In the accident Harpal, who was driving motorcycle, died and Jatin and Jitendra sustained serious injuries. In Claim Petition filed on behalf of respondent, Jatin, compensation of Rs. 10 lacks along with interest was claimed but Court below has awarded compensation of Rs. 1,17,500/- towards disability, 39,000/ towards medical expenses, total being Rs. 1,56,500/-.
4. It is submitted that notional income has been taken on higher side but I do not find that notional income of Rs. 15,000/- per annum can be said to be on higher side by any logic.
5. No other point has been argued.
6. The appeal lacks merits. Dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 27.9.2019 PS