Uttar Pradesh State Road Transport ... vs Anit Chauhan on 15 September, 2016

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Delhi High Court

Uttar Pradesh State Road Transport ... vs Anit Chauhan on 15 September, 2016

Bench: J.R. Midha

$~8
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                     Date of Decision: 15th September, 2016

+       MAC.APP. 586/2016 and C.M. Appl. 27426/2016

        UTTAR PRADESH STATE
        ROAD TRANSPORT CORPORATION            ..... Appellant
                    Through: Ms. Garima Prashad and Mr. Shadab
                             Khan, Advocates

                           versus

        ANIT CHAUHAN                                        ..... Respondent
                           Through:      Mr. Suraj Prakash, Advocate


        CORAM:
        HON'BLE MR. JUSTICE J.R. MIDHA

                            JUDGMENT (ORAL)

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.22,96,433/- has been awarded to the respondent.

2. The accident dated 17th July, 2012 resulted in grievous injuries to the respondent namely pan facial fracture with bilateral humerus and right acetabular fractures with left knee wound. The respondent suffered 60% permanent disability relating to right upper limb and right lower limb.

3. Learned counsel for the appellant urged at the time of the hearing of the appeal that the compensation awarded by the Claims Tribunal towards loss of income is grossly excessive and exorbitant. It is further submitted that the compensation awarded under the other heads is also on a higher side.

4. The respondent is present in Court and his injuries have been seen.

MAC.APP 586/2016 Page 1 of 1

This Court is satisfied that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference.

5. The appeal is, therefore, dismissed.

6. The appellant has deposited Rs.20 lakh with the Registrar General of this Court in terms of the order dated 10th August, 2016. The appellant is directed to deposit the balance award amount with UCO Bank Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Anit Chauhan within three weeks.

7. The appellant shall file the affidavit of compliance of this judgment within one week of the deposit. The affidavit shall contain the computation of the interest on the award amount upto the date of deposit. The appellant shall send the copy of the affidavit to the respondent.

8. The order of disbursement of the award amount shall be passed on the next date of hearing.

9. List for directions on 05th October, 2016.

10. C.M. Appl. 27426/2016 is disposed of.

11. The statutory deposit be refunded back to the appellant after the deposit of the balance award amount.

12. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

SEPTEMBER 15, 2016 rsk MAC.APP 586/2016 Page 2 of 2

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