Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 3301 of 2009 Appellant :- U.P. State Road Transport Coporation Thru R.M.
Respondent :- Hafijullah Counsel for Appellant :- Narendra Pratap Singh,Dinkar Mani Tripathi Counsel for Respondent :- S.M. Tripathi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
The appellant in the present appeal has assailed the judgment and order dated 19.08.2009 passed by Upper District Judge/Motor Accident Claims Tribunal, Kushinagar in M.A.C.P. No. 52 of 1999, whereby the Tribunal has awarded Rs.2,42,100/- along-with 6% interest to the claimant-respondent.
Learned counsel for the appellant has urged that the deceased at the time of accident was bachelor, and therefore, in view of the judgment of the Apex Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and others 2009 (6) SCC 121, the Tribunal should have deducted 1/2 towards personal expenses of deceased instead of 1/3rd.
Per contra, learned counsel for the respondent submits that the claimant is also entitled for future prospect but nothing has been awarded under the head of future prospect and if the same has been awarded, the compensation awarded by the Tribunal would have been same.
I have considered the submissions of the parties and perused the record.
Learned counsel for the appellant may be right in his submission that the Tribunal should have been deducted 1/2 towards personal expenses in view of the judgment of the Apex Court in the case Sarla Verma (supra) but the fact remains that the claimant is entitled for just and fair compensation and if the Tribunal had awarded future prospect, the amount of compensation would be same as awarded by the Tribunal.
In view of the aforesaid fact, it is not a fit case where this Court should reduce the compensation on the ground as urged by the learned counsel for the appellant.
Thus, the appeal lacks merit and is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 28.11.2018 Ishan