U.P.STATE ROAD TRANSPORT CORPORATION Vs. BUDHANA & ORS.
LAWS(ALL)-2009-7-359
HIGH COURT OF ALLAHABAD
Decided on July 17,2009

U.P.STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
Budhana Respondents

JUDGEMENT

SATISH CHANDRA, J. - (1.) HEARD Sri S.C. Mishra learned Counsel for the ap­pellant and Sri Narendra Kumar Singh, learned Counsel for the respondents.
(2.) THIS appeal has been preferred by the U.P. State Road Transport Corpora­tion (UPSRTC) under Section 173 of the M.V. Act, 1988 against the judgment/award dated 5th February, 2008 passed by Motor Accident Claims Tribunal, Lucknowin Motor Accident Case No. 154 of 1998 awarding a sum of Rs. 2,56,000 alongwith 8% interest to the respondents-claimants. The brief facts of the case are that on 28th October, 1996, near Bhalla Farm, District Unnao, the deceased Sri Sunder Lal was sitting in his Tractor No. UML 9940, which was parked on road side. At about 8.45 p.m., a Roadways Bus No. UHU 9064, was running by its driver very rashly and negligently hits the tractor. The deceased Sri Sunder Lal got injuries and ultimately died in the hospital.
(3.) THE deceased's age was about 40 years and he was having his wife and three daughters. The deceased was an agricultural labour and his income was estimated at Rs. 2,400 per month. After deducting 1/3rd for personal expenses, the income for the purpose of compensa­tion was taken Rs. 1,600 per month. By applying the multiplier of 13, the compen­sation was computed at Rs. 2,46,600 in addition of Rs. 2,000 as funeral expenses and Rs. 5,000 as loss of consortium were also awarded. Thus, the total compensa­tion was given to the claimants of Rs. 2,56,600. Not being satisfied, the appel­lant has filed the present appeal.;


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