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2021 Supreme(SC) 532

Chandra @ Chanda @ Chandraram – Appellant
Versus
Mukesh Kumar Yadav – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Aditya Singh, AOR
For the Respondent(s): Mr. Sahil Raveen, Adv. Mr. Manish Kumar, Adv. Mr. Shivam Singh, Adv. Mr. Jaideep Khanna, Adv. Mr. Harsh Choudhary, Adv. Mr. Vidur Dwivedi, Adv. Mr. Abhinav Singh, Adv. Mr. Gopal Singh, AOR

JUDGMENT :

R. Subhash Reddy, J.

1. Leave granted.

2. Unfortunate parents who lost their son aged about 32 years in the motor vehicle road accident on 27.02.2016, are before this Court claiming enhancement of compensation arising out of an application filed under Section 166 of the Motor Vehicles Act, 1988.

3. The appellants are the parents; 4th respondent is the wife; 5th respondent is the minor son; 6th respondent is the brother; and 7th respondent is the sister of the deceased Shivpal. The appellants and respondent nos.4 to 7 were the applicants in the application filed under Section 166 of the Motor Vehicles Act, 1988 before the Motor Vehicle Accident Claims Tribunal, Ajmer, Rajasthan (for short, ‘the Tribunal’) claiming compensation of Rs.93,08,000/- with interest @ 15% p.a. The Tribunal by judgment dated 25.11.2017 has awarded the total compensation of Rs.10,99,700/- with interest @ 6% p.a. The appellant-parents alone have filed appeal before the High Court. The High Court by impugned judgment dated 06.07.2018 dismissed the appeal. As such the appellants are before this Court.

4. The deceased Shivpal was employed as driver on the vehicle, i.e., truck trailer bearing No.RJ-06-GA-657

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