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2011 Supreme(SC) 697

Uttar Pradesh State Road Transport Corporation – Appellant
Versus
Kulsum – Respondent


Advocates Appeared:
For Appearing Parties: Garima Prashad, Laxmibai Leitanthem, Pradeep Kumar, Shadab Khan, Kishore Rawat, M.K. Dua, Rajeev Mishra, Sanand Ramakrishnan, Advs. for Parmanand Pandey, J.P. Dhanda and Shrish Kumar Mishra, Advs.

JUDGMENT

Deepak Verma, J.

1. Leave granted.

2. Since common questions of law and facts are involved in this batch of appeals, six of which have been filed by Uttar Pradesh State Road Transport Corporation, (hereinafter referred to as 'Corporation'), and one has been preferred by Insurance Company, against the identical judgments and orders passed by High Court of Allahabad, it is proposed to dispose of the same by this common judgment. For the sake of brevity and convenience, facts of appeal arising out of S.L.P. (C) No. 1969 of 2008 have been taken into consideration.

3. The Appellant herein (UPSRTC) had challenged the award passed by Motor Accident Claims Tribunal (hereinafter referred to as the 'MACT'), Barabanki in claim case therein, holding the Appellant - Corporation along with Ajai Vishen and Narottam, owner and driver of the mini bus, respectively, liable to pay compensation to the claimants.

4. In appeal before the High Court of Allahabad, it awarded compensation to the claimants vide impugned judgment and order dated 12.04.2007, recording the findings against the Appellant. The question of law that arises for consideration in the instant and connected appeals is formulated as


























































































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