Allahabad High Court
U.P. State Road Transport Corporation vs Ajay Chaudhary And Another on 5 November, 2020
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- FIRST APPEAL FROM ORDER No. - 1534 of 2019 Appellant :- U.P. State Road Transport Corporation Respondent :- Ajay Chaudhary And Another Counsel for Appellant :- Ashok Kumar Rai,Jitendra Kumar,Sri Mangala Prasad Rai, Senior Advocate Counsel for Respondent :- Nitin Raj Singh,Raj Singh Hon'ble Vivek Kumar Birla,J.
Heard Sri Jitendra Kumar, learned counsel for the appellant-corporation and Sri Raj Singh, learned counsel for the respondent-claimant no. 1 and perused the record.
Present appeal has been filed challenging the impugned judgement and award dated 30.1.2019 and the decree dated 2.2.2019 passed by the tribunal in M.A.C.P. No. 640 of 2015.
Submission is that the award has been challenged on the ground that the tribunal has not considered the aspect of the contributory negligence. It was further submitted that the tribunal has added three months salary at the rate of Rs. 80,000/-, which is excessive amount as the salary was paid by the employer to the claimant. During course of arguments, medical bills were also disputed.
Per contra, learned counsel for the respondent-claimant has supported the impugned order.
On perusal of the record, I find that it was claimed by the claimant that his expenditure towards medical bills was around Rs. 12,00,000/-, however, the tribunal found that the medical bills, which were filed in original with duly bearing signature of doctor, are only to the tune of Rs. 8,43,851 and there is no rebuttal to the same. Only this much amount has been awarded and except Rs. 5,000 towards special diet and travelling expenses to the tune of Rs. 15,000, no other amount has been awarded. Therefore, present appeal is misconceived and has been filed on misconceived grounds, which are not arising out of the impugned judgement.
Apparently, present appeal has been filed by the corporation to get stamp of dismissal of appeal by this Court. This practice has been deprecated by the Hon'ble Apex Court in so many cases where the appeals/petitions are casually filed by the State authorities. This appeal has been filed by the UP State Road Transport Corporation.
In such view of the matter, present appeal stands dismissed with cost of Rs. 5,000/- to be deposited before the tribunal along with the awarded compensation if the same has still not been paid. If the awarded amount has been deposited, the cost of Rs. 5,000/- shall be deposited before the tribunal within one month to the paid to be claimant. If the cost is not deposited, the same shall be recovered as arrears of land revenue.
The Registry of this Court is directed to remit the statutory deposit to the concerned tribunal within three weeks for being adjusted towards the payment of awarded amount to the claimant with a copy of this order.
Office is directed to remit the lower court records to the court below forthwith or within the shortest possible period.
Order Date :- 5.11.2020 Abhishek