LAWS(MPH)-2007-11-32

VARSHA Vs. UTTARANCHAL RAJYA PARIVAHAN NIGAM

Decided On November 28, 2007
VARSHA Appellant
V/S
UTTARANCHAL RAJYA PARIVAHAN NIGAM Respondents

JUDGEMENT

(1.) This order shall also govern the disposal of MA. No.3293/07, which is being filed by respondent no. 1 and 2 against award dated 16/08/07 passed by XVIth Additional MACT (Fast Track), Indore in claim case No. 136/06 whereby the claim petition filed by the appellants was allowed and a sum of Rs.8,41,500/- has been awarded along with interest @ 6% per annum.

(2.) Short facts of the case are that appellants filed a claim petition alleging that deceased Ramesh was husband of appellant no. 1, father of appellant No. 2 and son of appellant no. 3, who was traveling in a bus bearing registration No.UP. 11-C/2137, on 28/03/06 as passenger. It was alleged that the said bus met with an accident with another bus bearing registration No. UPA.07&4164, which was driven by respondent no. 2 and owned by respondent no. 1. It was alleged that because of rash and negligent driving of respondent no. 2 accident took place in which ramesh died. The claim petition was contested by the respondents.

(3.) After framing of issue and recording of evidence learned tribunal allowed the claim petition and awarded a sum of Rs.8,41,500/-, break up of which is as under :- <FRM>JUDGEMENT_304_ILR(MP)_2008Html1.htm</FRM>