Case Law Details
U P State Road Transport Corporation Vs Jitender Kumar Rana & Anr (Delhi High Court)
Delhi High Court held that while determining compensation for injuries suffered in the road accident only documentary evidence in form of Income Tax Return in support of the claim of income is sufficient.
Facts-
The Claimant along with his friends was coming from Allahabad to Delhi in a bus driven by Shri Ravinder Kumar Dwivedi and owned by the UPSRTC. Notably, the driver of the bus was driving the same at a high speed and in a rash and negligent manner. As a result of which, the bus collided with another Roadways Bus. The Claimant was sitting on the window seat behind the driver near the emergency gate. The emergency gate was not properly bolted/fixed. In the accident, the Claimant sustained grievous injury. The right hand of the claimant was amputated till the shoulder. The Claimant pleaded that he was working as a typist for various advocates at the Tis Hazari Courts, Delhi. Thus, the claimant filed his claim seeking compensation for the injuries suffered in the road accident.
Based on the evidence led before it, the learned Tribunal has held that the claimant had been able to prove that the accident had taken place due to the Offending Bus being driven in a rash and negligent manner by its driver. Learned Tribunal awarded total compensation of Rs. 47,63,379/-.
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