Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 2020 of 2010 Appellant :- U.P.S.R.T.C.
Respondent :- Anandi Lal And Others Counsel for Appellant :- Samir Sharma,Sunil Kumar Misra Counsel for Respondent :- Ajeet Kumar
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
The present appeal is directed against the judgment and decree dated 23.2.1987 passed by the Motor Accident Claims Tribunal/ (Ist Additional District Judge) Bulandshahr, whereby the Tribunal has awarded Rs.34,800/- along-with 9% interest as compensation to the claimants-respondents.
Challenging the award, counsel for the appellant has contended that the amount awarded by the Tribunal is on higher side inasmuch as, there was no proof of income of deceased and as such, the award is liable to be set-aside.
I have perused the finding of the Tribunal and it reveals that the Tribunal on the basis of cogent evidence came to the conclusion that the deceased was earning Rs.540/- per month and thereafter, the Tribunal deducted 1/2 towards personal expenses of deceased and applied the multiplier of 10 and awarded Rs.34,800/-.
The finding of the Tribunal is based on cogent evidence on record and the compensation awarded by the Tribunal is just and proper in the facts of the present case and is not liable to be interfered in appeal.
The appeal lacks merit and is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 29.11.2018 Ishan