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2009 Supreme(SC) 152

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
U. P. State Road Transport Corporation – Appellant
Versus
Shanti Devi – Respondent


Advocates Appeared:
For the Appellant:Pradeep Mishra, Dalep Kr. Dhayani, Advocates.
For the Respondents:Anil Kumar Gupta II, Advocate

Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court allowing the cross objections filed by the claimants who are respondents herein while dismissing the appeal filed by the appellant-Corporation.

3. Both theappeal and the cross objections related to an award passed in MACT No. 88/1988 passed by the Motor Accidents Claim Tribunal, Kanpur (in short `MACT). A Claim Petition was filed under Section 110 of the Motor Vehicles Act, 1939 (in short the `Act). It was stated in the said petition that one Mahesh Chandra Verma (hereinafter referred to as the `deceased) was the husband of respondent No.1 and the father of respondents 2 to 6 and had lost his life in a vehicular accident.

4. The MACT notedthat bus No.U.H.K.883 owned by the appellant- corporation was involved in an accident on 28.4.1988 and the accident took place due to rash and negligent driving of the driver. So far as the income of the deceased is concerned it was taken to be Rs.1,000/- p.m. and out of this Rs.500/- was deducted for personal expenses. In the post mortem report the age of the deceased was stated to be 45 years and theref







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