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SARAL SRIVASTAVA
U. P. S. R. T. C. Regional Manager Ghaziabad – Appellant
Versus
Smt. Bhagwati – Respondent
| Table of Content |
|---|
| 1. tribunal awarded compensation for accident (Para 2) |
| 2. contention on false implication and calculation of personal expenses (Para 3) |
| 3. court's endorsement of tribunal's findings (Para 4 , 5) |
| 4. assessment of compensation based on similar case law (Para 6 , 7) |
| 5. conclusion: appeal dismissed (Para 8) |
JUDGMENT
Saral Srivastava, J.
Heard learned counsel for the appellant.
2. The appellant-U.P.S.R.T.C. has preferred the present appeal challenging the award dated 27.04.2000 passed by Motor Accident Claims Tribunal/Special Judge (E.C. Act), Bulandshaher (hereinafter referred to as 'Tribunal') passed in M.A.C.P. No.145 of 1998 whereby Tribunal has awarded Rs.4,10,000/- along with 10% interest as compensation to the claimants/respondents.
3. It is contended by the learned counsel for the appellant that it was a case of false implication of offending vehicle namely Bus No.U.P.-14-A-8335 inasmuch as no eye witness was produced by the claimants/respondents to prove the accident, and further, neither the postmortem of the deceased was conducted nor any F.I.R. was lodged in respect to the alleged accident. Accordingly, it is submitted that Tribunal has erred in law in holding that
Compensation quantum should align with judicial precedent while maintaining just measures for claimants, validated through credible witness testimony.
Compensation in motor accident cases must reflect just and fair principles, and factual determinations made by the Tribunal are to be upheld unless proven otherwise.
The main legal point established in the judgment is the statutory nature of the determination of compensation in motor accident claims, emphasizing the standard of proof, summary procedure, and the t....
Compensation under Section 163A of the Motor Vehicles Act can be granted without strict proof of negligence, and the involvement of the vehicle in the accident must be established to determine compen....
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