U.P. STATE ROAD TRANSPORT Vs. KALAWATI DEVI

JUDGEMENT

(1.) THIS appeal is directed against the award dated 30th November, 1992 passed by the Motor Accident Claims Tribunal in M.A.C. No. 52 of 1992.

(2.) THE claimant-respondents filed a claim petition on the allegation that on 7.5.1990 at about 8.30 p.m. Kedar Prasad was crushed by a Bus No. UP 050/0898 belonging to the present appellant. The Bus was being driven rashly and negligently. The appellant denied the accident and involvement of the Bus in the accident in written statement. The parties led evidence in support of their respective cases before the Claims Tribunal. The Claims Tribunal after appreciation of the evidence has recorded a finding that the Bus of the appellant was involved in the accident and on account of its rash and negligent driving the accident took place and Kedar Prasad lost his life. It awarded a sum of Rs. 85,000 towards the lumpsum compensation. Aggrieved against the aforesaid award the present appeal has been filed.

(3.) IT was submitted that the compensation awarded is towards the higher side. In the claim petition a sum of Rs. 5,85,000 was claimed as compensation. The Tribunal has taken into consideration the fact that the deceased was employed in a cloth shop and was earning a sum of Rs. 500 per month. It was pleaded that the deceased was doing cloth business and was earning a sum of Rs. 1,000 as additional income. The deceased was aged about 28 years at the time of the accident. The Tribunal after appreciation of the evidence has come to the conclusion that the deceased was not doing any cloth business. He was working as an employee in a cloth shop. The Tribunal has awarded a sum of Rs. 85,000 as lumpsum compensation. In view of the facts and circumstances of the case it cannot be said that the compensation as awarded by the Tribunal is arbitrary or unjust. There is no merit in the appeal. The appeal is dismissed.