Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 581 of 2018 Appellant :- State Of U.P. And Another Respondent :- Nilu And 8 Others Counsel for Appellant :- Vipin Chandra Dixit Counsel for Respondent :- Shiva Priya Prasad
Hon'ble Sudhir Agarwal,J.
C.M. Delay Condonation Application No. 1 of 2018:
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. - 581 of 2018 Appellant :- State Of U.P. And Another Respondent :- Nilu And 8 Others Counsel for Appellant :- Vipin Chandra Dixit Counsel for Respondent :- Shiva Priya Prasad
Hon'ble Sudhir Agarwal,J.
1. Heard learned 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 judgment and award dated 28.07.2017 passed by Motor Accident Claims Tribunal/District Judge, Jaunpur in Motor Accident Claim Petition No. 190 of 2013 whereby compensation of Rs. 8,76,000/- has been awarded to the claimants along with interest at the rate of 7 per cent per annum from the date of presentation of petition till final payment is made.
3. It is contended that income of deceased has been taken on higher side but the judgment of Tribunal in para-22 and 23 shows that deceased was having driving licence and he was a professional Driver and that being so, he was taken to be a skilled worker for which income of Rs. 5,000/- per month has been taken which, from no stretch of imagination can be said excessive in any manner.
4. No other point has been argued.
5. The appeal lacks merits. Dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 27.9.2019 PS