KISHAN LAL Vs. ABDUL REHMAN

JUDGEMENT

(1.) THESE five Appeals (MAC.APP.321/2004, MAC. APP.322/2004, MAC.APP.323/2004, MAC. APP.324/2004 and MAC. APP.325/2004) for enhancement of compensation arise out of a judgment dated 31.03.2004 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.2,63,064/-, Rs.2,63,064/-, Rs.2,16,552/-, Rs.3,12,832/- and Rs.4,35,000/- respectively was granted for the death of Dulari, Sushma Rani Arora, Sardar Mohan Singh, Pushpa @ Pushpender Kaur and Kaushalya Devi respectively. MAC. Appeals No.180/2005, 187/2005, 192/2005, 267/2005 and 182/2005 were preferred by the Respondent U.P. State Road Transport Corporation(UPSRTC) challenging the judgment on the ground that negligence on the part of the driver was not proved and that the compensation awarded was exorbitant and excessive. All the Appeals were dismissed by a common judgment dated 23.03.2007 passed by a Learned Single Judge of this Court. It is stated by the learned counsel for the Respondent that an Special Leave Petition (SLP) preferred against the judgment dated 23.03.2007 was dismissed by the Supreme Court.

(2.) ADMITTEDLY, all these Appeals were preferred before disposal of the Appeals by UPSRTC. It would have been appropriate to decide these Appeals along with the Appeals filed by UPSRTC. It appears that the pendency of these Appeals was not brought to the notice of the Learned Single Judge. Nonetheless, it is my obligation now to dispose of the Appeals.

(3.) DURING the hearing of the Appeals, following contentions are raised on behalf of the Appellants: