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2015 Supreme(Del) 248

G.P.MITTAL
Uttar Pradesh State Road Transport Corporation – Appellant
Versus
Gulvashri – Respondent


Advocates Appeared:
Garima Prashad, J.P.N. Shahi, Advocates.

JUDGMENT

G.P. MITTAL, J.

CM. APPL 19761/2014 (delay)

For the reasons stated in the application, the delay of 69 days in filing the Cross-Objections is condoned.

Application stands disposed of.

CM APPL.19760/2014 (Cross-Objections)

These Are Cross-Objections filed by Respondents no.1 and 2. Let the Cross-Objections be registered as MAC. APP. 144/2015.

The application stands disposed of.

MAC. APP. 434/2014 & MAC. APP. 144/2015

1. These two appeals arise out of judgment dated 29.01.2014 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,94,967/- was awarded for the death of Sonu who died in a motor vehicular accident which occurred on 01.05.2012 at about 9.00 a.m.

2. Following contentions are raised on behalf of the Uttar Pradesh State Road Transport Corporation (UPSRTC):

(i) There was no negligence on the part of its driver, therefore, UPSRTC is not liable to pay any compensation; the Claims Tribunal erred in fastening the liability;

(ii) The compensation awarded is exorbitant and excessive. In the absence of any evidence with regard to future prospects, addition of 50% made was unjustified.

3. On the other hand, the learned counsel for the Responden



































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