Uttar Pradesh State Road Transport Corporation v. Anit Chauhan

Delhi High Court · 15 Sep 2016 · 2016:DHC:6498
J. R. Midha
MAC.APP 586/2016
2016:DHC:6498
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal challenging the compensation awarded for grievous injuries and permanent disability, holding the amount just and reasonable.

Full Text
Translation output
MAC.APP 586/2016
HIGH COURT OF DELHI
Date of Decision: 15th September, 2016
MAC.APP. 586/2016 and C.M. Appl. 27426/2016
UTTAR PRADESH STATE
ROAD TRANSPORT CORPORATION ..... Appellant
Through: Ms. Garima Prashad and Mr. Shadab Khan, Advocates
VERSUS
ANIT CHAUHAN ..... Respondent
Through: Mr. Suraj Prakash, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
(ORAL)

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.22,96,433/- has been awarded to the respondent.

2. The accident dated 17th July, 2012 resulted in grievous injuries to the respondent namely pan facial fracture with bilateral humerus and right acetabular fractures with left knee wound. The respondent suffered 60% permanent disability relating to right upper limb and right lower limb.

3. Learned counsel for the appellant urged at the time of the hearing of the appeal that the compensation awarded by the Claims Tribunal towards loss of income is grossly excessive and exorbitant. It is further submitted that the compensation awarded under the other heads is also on a higher side.

4. The respondent is present in Court and his injuries have been seen. 2016:DHC:6498 MAC.APP 586/2016 This Court is satisfied that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference.

5. The appeal is, therefore, dismissed.

6. The appellant has deposited Rs.20 lakh with the Registrar General of this Court in terms of the order dated 10th August, 2016. The appellant is directed to deposit the balance award amount with UCO Bank Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Anit Chauhan within three weeks.

7. The appellant shall file the affidavit of compliance of this judgment within one week of the deposit. The affidavit shall contain the computation of the interest on the award amount upto the date of deposit. The appellant shall send the copy of the affidavit to the respondent.

8. The order of disbursement of the award amount shall be passed on the next date of hearing.

9. List for directions on 05th October, 2016.

10. C.M. Appl. 27426/2016 is disposed of.

11. The statutory deposit be refunded back to the appellant after the deposit of the balance award amount.

12. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master. J.R. MIDHA, J. SEPTEMBER 15, 2016 rsk