Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 395 of 2018 Appellant :- State Of U.P. And Another Respondent :- Ram Chandra And Others Counsel for Appellant :- Santosh Kumar Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Santosh Kumar Singh, learned counsel for the appellant.
This appeal is taken up for final disposal as this is an appeal of the year 1998. The delay was condoned ex parte as none appeared for the claimant.
The only reason why the State has preferred this appeal is the calculation of quantum is mistaken. The Tribunal has awarded a sum of Rs.1,80,252/- where as it should be 1,37,564/-. While going through the record, it is found that the Tribunal seems to have considered the loss to the estate to be Rs.667 per month and multiplied it with 16. This should be Rs. 1,28,064/ and has added Rs.9,500/- under non pecuniary heads.
The Tribunal though has miscalculated the amount, it cannot be said that it is not just compensation as the Tribunal did not consider any amount under the head of consortium, expectation of life and future loss of income. This 42,688/- which is the difference will compensate the claimants under the Act.
The other grounds which are raised were not proved even before the Tribunal nor here and hence in absence of showing any congent material, I am unable to take any different view then that taken by the Tribunal.
Hence, the appeal stands dismissed under Order 41 Rule 11 of the Code of Civil Procedure, 1908.
Order Date :- 22.2.2018 DKS