LAWS(ALL)-2022-4-236

UNION OF INDIA Vs. ALKA TYAGI

Decided On April 18, 2022
UNION OF INDIA Appellant
V/S
Alka Tyagi Respondents

JUDGEMENT

(1.) Heard Sri Shashi Prakash Singh, assisted by Sri Satish Kumar Rai, learned counsel for the appellant and Sri Rahul Pandey, learned counsel for the respondents- claimants.

(2.) This appeal challenges the order dtd. 12/9/2019 which was passed in M.A.C.P. No.787 of 2002 by the Motor Accident Claims Tribunal, Ghaziabad, wherein the Tribunal, after the remand by this Court, has decided the matter on the issue of quantum of compensation as directed by this Court in F.A.F.O. No.1087 of 2007 which was preferred by the claimants (quorum : Hon.Mr.Justice Sudhir Agrawal and Hon.Mr.Justice Brijesh Kumar Srivastava-II).

(3.) The award was for grant of compensation for the death of the bread winner of whom the respondents are the legal heirs. The respondents had challenged the award passed by Motor Accident Claims Tribunal dtd. 12/9/2019. First Appeal From Order No.1087 of 2007. No appeal was preferred by the Union of India. The Union of India had not challenged nor had filed any cross-objection in the said appeal. After a period of about 8 years more particularly on 15/7/2015, the matter was remitted back to the Tribunal and paragraph no.11 of the said judgement reads as follows:-