U.P.S.R.T.C. Vs. SATYAVATI

JUDGEMENT

(1.) FAFO 2425 of 2015 has been filed by the appellants respondents being aggrieved against the impugned judgment and award dated 8.7.2015 passed by the Motor Accident Claims Tribunal/District Judge, Fatehpur in MACP No.355 of 2012 (Satyavati and another' s v. U.P. Rajya Parivahan Nigam and anothers) awarding compensation to the tune of Rs. 12,16,590/- along with the interest @ 6% per annum to the respondent-claimants inter-alia on the ground that the Tribunal on conjectures and surmises has held that the accident had occurred by the rash and negligence driving of the driver of the roadways-bus bearing registration No.UP-93- T-2224 and the amount of compensation is excessive as such the impugned judgment and award passed by the Tribunal is wholly illegal and is against the weight of the oral and documentary evidence available on the record of the case as such the award is liable to be set aside.

(2.) FAFO 2541 of 2015 has been filed by the appellants-claimants against the said impugned judgment and award for enhancement of amount awarded by the Tribunal inter-alia on the ground that deceased Suresh Chandra was a Class -IV Government employee in Prathmik Swasthya Kendra, Khajuha, Fatehpur and he was drawing salary of Rs. 15,346/- per month, which was proved by the oral and documentary evidence adduced by the appellants-claimants. The Tribunal has worked out the compensation only on the basis of pay band/basic pay of deceased i.e. Rs. 7,900/- per month. The Tribunal has wrongly deducted as Rs. 5,656/- that is DA, 1,800/- grade-pay and Rs. 20/- WA from the gross salary of Rs. 15,356/-. Compensation awarded by the Tribunal to the appellants-claimants is inadequate, therefore, it needs to be enhanced.

(3.) As the controversy involved in these appeals is identical, the same are being heard together and decided by the common judgment and order.