Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 1973 of 2012 Appellant :- U.P.S.R.T.C.
Respondent :- Smt. Neelam And Others Counsel for Appellant :- Ajal Krishna
Hon'ble Saral Srivastava,J.
Heard Sri S.K. Mishra, learned counsel for the appellant.
The appellant UPSRTC has preferred the present appeal against the award dated 14.02.2012 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No.9, Bulandshahar in MACP No.162 of 2008, whereby the Tribunal has awarded Rs.4,17,500/- alongwith 6% interest as compensation to the claimants respondents.
Learned counsel for the appellant has urged that the Tribunal has erred in holding that the bus no.UP 25G 8901 was involved in the accident inasmuch as the claimants have failed to prove the involvement of the said bus in the accident. He further contends that the compensation awarded by the Tribunal is on higher side inasmuch as the Tribunal without there being any evidence on record regarding the income of the deceased held the income to be Rs.3000/- per month.
I have considered the rival submission of the learned counsel for the appellant and perused the record.
So far as the first contention of the learned counsel for the appellant regarding the involvement of bus is concerned, the Tribunal in deciding the issue no.1 has relied upon the testimony of P.W.2 Asharfi Lal who has stated that the accident had taken place by bus UP 25G 8901. Learned counsel for the appellant could not point out any perversity in the finding of the Tribunal that the bus was involved in the accident and as such the finding of the Tribunal holding that the bus was involved in the accident is based on proper appreciation of evidence on record and is accordingly affirmed.
So far as the second submission of the learned counsel for the appellant regarding the quantification of compensation is concerned, the Tribunal held that the accident had taken place in the year 2008 and considering the fact that the deceased was labour, the Tribunal assessed the income to be Rs.3000/- per month.
The Apex Court in Laxmi Devi and others Vs Mohammad Tabbar and another 2008 AICC 915 (SC) has held notional income at the rate of Rs.3000/- per month in an accident taken place in the year 2004. In view of the judgement in Laxi Devi (supra), the assessment of the income of the deceased to be Rs. 3000/- per month by the Tribunal for computing the compensation is just and cannot be said to be excessive.
Thus, for the reasons given above, the appeal lacks merit and is accordingly dismissed.
Order Date :- 30.11.2018 S.Sharma