U P S R T C AZAMGARH Vs. KALPANA DEVI
LAWS(ALL)-2019-5-74
HIGH COURT OF ALLAHABAD
Decided on May 08,2019

U P S R T C Azamgarh Appellant
VERSUS
KALPANA DEVI Respondents

JUDGEMENT

Harsh Kumar, J. - (1.) The present first appeal from order has been filed by appellant against impugned judgment and award dated 27.05.2011 passed by Motor Accident Claims Tribunal/ Additional District & Sessions Judge, Court No.1, Azamgarh (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.286 of 2000 (Smt. Kalpana Devi & Others vs. Mohd. Sagir Ansari & Others) awarding a compensation of Rs.19,58,225/- with interest @ 7% per annum to claimants-respondent nos.1 to 4 against opposite party nos.1 and 3 i.e., appellants and respondent no.5 and dismissing claim petition against opposite party no.2 i.e., United India Insurance Company Ltd respondent no.6.
(2.) The brief facts relating to the case are that Claim Petition No.286 of 2000 was filed by claimants-respondents nos.1 to 4 Smt. Kalpana Devi and others seeking compensation of Rs.70,20,000/- on death of Mahendra Kumar due to rash and negligent driving of mini bus bearing registration no.UP65/H-8894 (hereinafter referred as 'offending vehicle') on 1.10.2000 at 7.30 p.m. which was being driven by a duly licensed driver and was being plied under control of U.P.S.R.T.C. (hereinafter referred to as 'Corporation') and was duly insured with United India Insurance Company Ltd at the time of accident.
(3.) After recording evidence and hearing parties counsel, Tribunal awarded a sum of Rs.19,58,225/- as compensation to claimants-respondents and exonerating insurance company from its liability passed award against owner of offending vehicle and Corporation Feeling aggrieved, Corporation has preferred this appeal.;


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