VISHAKHA Vs. SHREE PAL

JUDGEMENT

(1.) These are two cross Appeals; MAC APP. No.412/2011 is preferred by the legal representatives of deceased Amit Kumar for enhancement of compensation, whereas MAC APP. No.518/2011 is filed by the U.P. State Road Transport Corporation (UPSTRC) for reduction of compensation.

(2.) For the sake of convenience, the Appellants in MAC APP. No.412/2011 shall be referred to as Claimants and Appellants in MAC APP. No.518/2011 shall be referred to as UPSRTC.

(3.) As per the averments made in the Claim Petition on 11.01.2009 deceased Amit Kumar was taking his employer N.K. Jain and his family in their car bearing number DL-4C-1513. When the said car reached at Sandhan Pulia, Meerut, Mawana Road, a UPSRTC bus number UP-11T-1353 being driven in a rash and negligent manner came from the front. It hit the car head on resulting into serious damage to the car and injuries to all the occupants. The injuries in Amit Kumar s case proved fatal.