UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION Vs. MASTER AKASH
LAWS(UTN)-2007-3-17
HIGH COURT OF UTTARAKHAND
Decided on March 22,2007

UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
MASTER AKASH Respondents




JUDGEMENT

J.C.S. Rawat, J. - (1.)SINCE both the appeals have arisen out of the same impugned award dated 18 -05 -2005 and accident of Bus No. U.P. -15L./7640 dated 01 -09 -2004, therefore, both the appeals have been heard together and are being disposed of by this common judgment.
(2.)BOTH appeals, preferred Under Section 173 of the Motor Vehicle Act, 1988 have been filed against the award dated 18 -05 -2005 passed by the Motor Accidents Claims Tribunal/Additional District Judge/1st Fast Track Court, Rudrapur, Udham Singh Nagar in M.A.C. Case No. 203 of 2004 whereby the claim of the claimants was allowed for an amount of compensation to the tune of Rs. 3,06,900/ - and the Uttar Pradesh State Road Transport Corporation (hereinafter referred as T.C.) was directed to pay the same with interest thereon @ 6% per annum from the date of filing of the claim petition upto the payment.
The T.C. has filed A.O. No. 385 of 2005 for setting aside the aforesaid award whereas the claimant has filed the A.O. No. 101 of 2007 for the enhancement of the compensation.

(3.)THE claimants had filed a claim petition for compensation of Rs. 4,39,000/ - before the Tribunal alleging therein that on 01 -09 -2004 the deceased Pradeep Kumar was driving the motorcycle and total five persons, including his wife and three children, were sitting on the motorcycle. When they reached near Daria, Muzzafarnagar -Roorkee road, an offending Bus No. U.P. -15L/7640 being driven by its driver rashly and negligently dashed the motorcycle. The motor -cyclist Pradeep Kumar, his wife Poonam and three minor children died instantaneously. It was alleged that the deceased Poonam was 27 years of age at the time of accident and was working as Ladies Tailor. It was further alleged that the deceased Poonam was earning Rs. 3,000/ - per month. Hence, the claimants had preferred the claim petition.
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