Court No. - 30
Case :- FIRST APPEAL FROM ORDER No. - 1470 of 2018 Appellant :- U.P. State Road Transport Corporation Respondent :- Pradeep Chandra And Another Counsel for Appellant :- Sunil Kumar Misra
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the appellant and perused the record.
Present appeal has been filed challenging the judgement and award dated 20.12.2017 and decree dated 6.1.2018 passed by the MACT/Additional District Judge, Court No. 15, Allahabad in M.A.C.P. No. 537 of 2013 (Pradeep Chandra vs. UPSRTC and another).
Submission of the learned counsel for the appellant-Corporation is that the impugned award is highly excessive. The vehicle was about 12 years old and the amount awarded towards the damages of the vehicle is highly excessive. Submission is that there is reason to award damages towards the claim of tyres.
I have considered the submissions of the learned counsel for the appellant and perused the record.
From perusal of the record, I find that the claimant has produced vouchers in the shape of documentary evidence to the extent of Rs. 93,345/- against which no evidence was filed by the appellant-Corporation. A claim of Rs. 2,20,000/- was made, however only a claim of Rs. 93,345/- has been accepted by the tribunal on the basis of vouchers produced by the claimant, which remained unrebutted.
Under such circumstances, when for damage caused to the tyres, vouchers were produced, which were not contradicted before the tribunal, I do not find any good ground to interfere with the impugned judgement and award.
Present appeal is devoid of merit and accordingly dismissed.
The Registry of this Court is directed to remit the statutory deposit to the concerned tribunal for adjusting it towards the deposit of the awarded amount.
Order Date :- 27.3.2018 Abhishek