MATHURA LAL Vs. SHIV KUMAR GUPTA

JUDGEMENT

(1.) The present appeal has ben filed against the order passed by the District Judge awarding the compensation of Rs. 6,300.00on account of claim of the compensation. Smt. Keshar Bai who is the wife of the petitioner Mathura Lal, who was returning after retension from Badrinath and the bus slipped and fell down in down ward khud due to rash and negligent driving of the driver. In this accident the bus driver also died. It has come in the evidence that he has been granted ex-gratia payment of Rs. 13,700.00; the ex-gratia payment cannot be deducted from the compensation awarded.

(2.) It has been held by the Apex Court in United India Insurance Co. Ltd. etc. Vs. Patricia Jean Mahajan and others etc., 2002 AIR S.C.W. 2920 : 2002 (2) T.A.C. 721 , that any amount received from any other resources cannot be deducted. The observations are quoted below :

(3.) The Apex Court in Sheikhupura Transport Co. Ltd. Vs. Northern India Transport Insurance Co., (1971)1 S.C.C. 785 , has held as under :