The Supreme Court dismissed an Appeal seeking modification of the compensation award passed by the Claims Tribunal from Rs. 242,092.43 to Rs. 936,900/-.

The Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra held, "Having considered the contentions made across the Bar, we do not find any reason to grant Special Leave to Appeal. As such, the present Special Leave Petition is dismissed, leaving the question of law open. Pending application(s), if any, shall stand disposed of."

The Special Leave Petition (SLP) was filed by the U.P. State Road Transport Corporation (‘UPSRTC), assailing the order passed by the Allahabad High Court allowing the appeal of the Respondents herein and modifying the amount of the compensation award passed by the Claims Tribunal from Rs. 2,42,092.43 to Rs. 9,36,900/-.

AOR Pradeep Misra appeared for the Petitioner and AOR Amrita Sarkar appeared for the Respondent.

Previous Hearing

It is to be noted on September 11, 2024, the Court had issued notice in the SLP. The Bench had said it will decide whether a victim can file an application for compensation conjointly under Sections 166 and 163A of the Motor Vehicle Act, 1988. The Bench had ordered, “The matter involves certain issues of seminal importance, including a question whether a victim can file an application for compensation conjointly under Section 166 and 163A of the Motor Vehicle Act, 1988.”

The UPSRTC had been directed to pay the compensation within two months from the date of the order of the High Court.

The Counsel for UPSRTC had submitted before the High Court that the Respondents-Claimant had failed to prove his income and as such, notional income of Rs.15,000/- per annum has rightly been accepted by the Claims Tribunal. He said that the Claims Tribunal had erred in applying the multiplier of '18', whereas the multiplier of '17' would be applicable in view of the law laid down by the Apex Court in the case of Sarla Verma vs. Delhi Road Transport Corporation reported in 2009.

The Claimant-Respondent had submitted that he was a postgraduate in Indian History and had received grievous injuries in the accident; therefore, he became permanently disabled to the extent of 60%. The accident occurred on account of the rash and negligent driving of the driver of a bus owned by the respondent UPSRTC.

Cause Title: U.P. State Road Transport Corporation & Anr. v. Jai Prakash & Anr. [Special Leave to Appeal (C) No(s).19821/2024]

Appearances:-

Petitioner: AOR Pradeep Misra, Advocates Daleep Dhyani, Suraj Singh

Respondent: Advocates Shivam Raghu Wanshi, Amrita Sarkar (AOR)

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Justice Sanjay KarolJustice Prashant Kumar Mishra

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.