STATE OF UTTAR PRADESH Vs. SANTOSH DHINGRA

JUDGEMENT

(1.) This judgment shall dispose of the above-mentioned three appeals viz. FAO No. 130/97 the appeal filed by the claimants as legal heirs of the deceased, namely, Smt. Santosh Dhingra (wife), Anup (son), Neeru and Simmi (daughters), FAO No. 131/97 the appeal filed by Smt. Santosh Dhingra, who herself suffered injuries in the accident, which occurred on 28th January, 1985 and FAO No. 480/96 the appeal filed by the State of Uttar Pradesh, the owner of the offending vehicle. All the three appeals are against the common award passed by the learned Motor Accident Claims Tribunal (in short the Tribunal') dated 17th September, 1996.

(2.) The learned Tribunal awarded compensation amounting to Rs. 1,20,000/- to the legal heirs of the deceased Om Prakash Dhingra in the death case. In the petition relating to injuries suffered by Smt. Santosh Dhinra, a sum of Rs.20,000/- was awarded as compensation. In both the matters the learned Tribunal has awarded interest @ 12% per annum from the date of filing of the petition till realisation.

(3.) The State of Uttar Pradesh, owner of the offending vehicle, feeling aggrieved by the impugned award dated 17th September, 1996 has filed FAO 480/96 submitting that the amount of the award is on very high side. The learned Tribunal had not taken into consideration the fact that the vehicle, which was being plied by the driver of the State, was carrying a serious patient from Muzaffar Nagar, who was to be taken to AIIMS and under the Rules of the Motor Vehicles Act it has got preferable right of passage as compared to other vehicles. Consequently, the deceased himself had contributed to the accident.