Kamla Devi Sharma vs. U.P.S.R.T.C. Agra

Court No. - 2

Case :- FIRST APPEAL FROM ORDER No. - 21 of 2001

Appellant :- Smt. Kamla Devi Sharma Respondent :- U.P.S.R.T.C. Agra Counsel for Appellant :- V.K. Sharma,Anurag Sharma,Arvind Kumar Srivastava Counsel for Respondent :- Samir Sharma,Jitendra Kumar,Sunil Kumar Misra,Vinod Kumar Singh

Hon'ble Saral Srivastava,J.

1. Heard earned counsel for the appellant and learned counsel for the respondent-U.P.S.R.T.C.

2. The present appeal has been filed by the claimant/appellant for enhancement against the judgement and award dated 21.09.2000 passed by Motor Accident Claims Tribunal/IVth Additional District Judge, Agra in M.A.C. P. No.494 of 1997 (179/93).

3. Challenging the award, learned counsel for the appellant has contended that the claimant-appellant, namely, Smt. Kamla Devi Sharma was travelling in the offending Bus No.U.P.15- 7229 which met with an accident and the claimant-appellant suffered 54% disability. It is submitted that the accident had taken place on 09.01.1993, therefore, even if the income of Smt. Kamla Devi Sharma be taken as per the notional income provided in the Schedule framed under Section 153-A, compensation ought to have been computed taking income of the claimant Smt. Kamla Devi Sharma to be Rs.15,000/- per annum. It is submitted that the Tribunal has erred in law in not awarding any amount towards loss of earning capacity, and a meagre amount towards pain and suffering has been awarded. It is submitted that if the claimant-appellant is paid Rs.3,50,000/- in lump-sum in addition to the amount which has been awarded by the Tribunal, the claim of the claimant-appellant shall stand satisfied, and she shall not lay any further claim.

4. Per contra, learned counsel for the respondents submits that the compensation awarded by the Tribunal is just and proper, and hence, the same does not call for any interference by this Court in appeal.

5. In such view of the fact, this Court is of the view that the submission of learned counsel for the appellant that if Rs.3,50,000/- (Rs. Three lakh fifty thousand) in lump sum is paid to the claimant-appellant in addition to the amount which has already been paid to her under the awards, the claim of the claimant/appellant shall stand satisfied, appears to be justified in the facts of the present case. Accordingly, this Court directs the respondent-U.P.S.R.T.C to pay Rs.3,50,000/- (Rs. Three lakh fifty thousand) to the claimant/appellant within a period of three months from the date of production of a certified copy of this order.

6. In case, the enhanced amount of Rs.3,50,000/- (Rs. Three lakh fifty thousand) is not paid within a period of three months from the date of production of a certified copy of this order, the claimant/appellant shall be entitled to the simple interest @ 6% per annum from the date of institution of claim petition till its payment.

7. In view of the above, the appeal stands partly allowed.

Order Date :- 26.9.2023 NS