SATAYAWATI Vs. VIDYA PRAKASH

JUDGEMENT

(1.) Heard Sri Sushil Kumar Pandey, learned counsel for the appellant, Sri Pankaj Rai, learned counsel for the respondent-insurance company and perused the judgment and order impugned.

(2.) This appeal, at the behest of the claimants, challenges the judgment and award dtd. 13/7/2017 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Muzaffar Nagar (hereinafter referred to as 'Tribunal') in M.A.C.No.370 of 2014 awarding a sum of Rs.31,99,757.00 with interest at the rate of 7% as compensation.

(3.) The accident is not in dispute. As per the judgment of Apex Court in U.P.S.R.T.C. Vs. Km Mamta and Others, AIR 2016 SCC 948, all the grounds raised in the appeal are required to be adjudicated and that is how, we would decide issue of negligence of driver and quantum and would go ahead with the discussion. The issue of negligence decided by the Tribunal has been partly decided in favour of appellants and none of the drivers or insurance companies have challenged the award. The respondents have not challenged the liability imposed on them jointly and severally. The issues to be decided are compensation awarded and whether there was negligence of deceased in the accident taking place for which the Tribunal has deducted the monetary benefit admissible to the claimants.