Ram Kishor vs U. P. S. R. T. C. - 2024 Supreme(All) 1790

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1790

VIPIN CHANDRA DIXIT
Ram Kishor – Appellant
Versus
U. P. S. R. T. C. – Respondent

Advocates appeared:
For the Appellant :Ram Kishor Gupta, Dinesh Kumar Gupta, Advocates.
For the Respondent:Sunil Kumar Mishra, Sanjeev Kumar Yadav, Advocates.

JUDGMENT

Vipin Chandra Dixit, J.

Heard Sri. Dinesh Kumar Gupta, learned counsel for appellant, Sri. Sanjeev Kumar Yadav, learned counsel for respondent nos.1 and 2, Sri. Arun Kumar Shukla, learned counsel for respondent no.5. No one is present on behalf of respondent nos.3 & 4.

2. The present first appeal from order has been filed by the claimant-appellant for enhancement of compensation against the judgment and award dated 31.07.2007 passed by Motor Accident Claims Tribunal/Special Judge (D.A.A. Act), Hamirpur, in M.A.C.P. No.69 of 2003 (Ram Kishor v. U.P.S.R.T.C. and others), by which compensation of Rs. 1,67,640/- along with 6% interest has been awarded to the claimant-appellant on account of injuries received by him.

3. It is submitted by learned counsel for claimant-appellant that a very meagre amount has been awarded by the Claims Tribunal in favour of the claimant-appellant. The claimant-appellant had fully proved that he was engaged as Mason (Rajmistri) and had earned Rs. 150-180 per day and there was no evidence adduced by the respondents in rebuttal and the Claims Tribunal had erred in calculating the compensation accepting Rs. 15,000/- per annum as notional income of the c