ARIJIT PASAYAT, S.H.KAPADIA
New India Assurance Co. LTD. – Appellant
Versus
Vedwati – Respondent
JUDGMENT:
Dr. ARIJIT PASAYAT, J.
Leave granted.
Challenge in these appeals is to the judgment rendered by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant (hereinafter referred to as the Insurer). By the impugned judgment the High Court held that the respondent Nos.1 to 6 (hereinafter referred to as the Claimants) were entitled to compensation and that the same was to be paid by the insurer.
Background facts in a nutshell are as follows:
A Claim Petition was filed under Section 166 of the Motor Vehicles Act, 1988 (in short the Act) claiming compensation with the allegation that Paras Ram Agnihotri (hereinafter referred to as the deceased) was returning from his village Gokhia from Atarra in tractor No. MP 16A/2637 after delivering certain goods there. The tractor overturned due to rash and negligent driving by the driver, with the result the deceased has lost his life. He was aged about 38 years and was working as priest and agricultural farmer from which he was earning about Rs.7,000/- per month. Adjudicating the Claim Petition, the IVth Additional District Judge Banda-cum-Motor Accidents Claims Tribunal (in short the MACT) did not accept th
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