Rajasthan High Court - Jaipur
U P State Road Transport Corp vs Om Prakash And Another on 19 September, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL MISC.APPEAL NO.4299/2011. Uttar Pradesh State Road Transport Corporation Vs. Om Prakash & Anr. Date of Order :- September 19, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pankaj Gupta for the appellant. ****** BY THE COURT:-
This appeal has been filed by the appellant- Uttar Pradesh State Road Transport Corporation against the award dated 14/6/2011 passed by the Motor Accident Claims Tribunal, Jaipur whereby, claim petition filed by the claimant respondent has been partly allowed and compensation to the tune of Rs.79,800/- along with interest @9% p.a. has been awarded in favour of the claimant respondent and against the appellant jointly and severally. Contention of the learned counsel for the appellant is that the learned Tribunal failed to consider the evidence adduced on behalf of the appellant as well as the fact that claimant respondent has suppressed the material fact that he received injuries on account of his own fault and negligence. He was trying to cross the road without following the traffic rules. Having heard learned counsel for the appellant and perused the award, I find that looking to the extent of disability, the quantum of compensation awarded to the claimant cannot be said to be unjust and towards the higher side. No interference is called for with the impugned award. However, it is observed that reason of dismissal of this appeal shall not be taken an approval of finding recorded on other issues that may arise for consideration in the appeal filed by the appellant in the death case of deceased-Laxmikant Saini. The appeal is dismissed.
(MOHAMMAD RAFIQ), J.
anil IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.2991/2011.
IN S.B. CIVIL MISC.APPEAL NO.4299/2011.
Uttar Pradesh State Road Transport Corporation Vs. Om Prakash & Anr.
Date of Order :- September 19, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pankaj Gupta for the appellant. ****** BY THE COURT:-
Consequent upon dismissal of the main appeal, this stay application does not survive and the same is accordingly rejected.
(MOHAMMAD RAFIQ), J.
anil