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2022 Supreme(SC) 1805

HEMANT GUPTA, SUDHANSHU DHULIA
K. Priyadharshini – Appellant
Versus
Gammon India Limited – Respondent


Advocates Appeared:
Mr. T. Harish Kumar, Advocate, Navneet Dugar, Advocate, Mr. Subhab Kothar, Advocate, for the Appellant; Mr. Prashant Kumar, Advocate, M/S. AP & J Chambers, Advocate, Mr. Vishnu Mehra, Advocate, Ms. Sakshi Mittal, Advocate, for the Respondent.

ORDER

1. This appeal is of the Claimants which arises out of the Impugned Judgement dated 30.01.2019 by the High Court of Madras in an appeal against the order of Motor Accident Claims Tribunal, Chennai (for short, the 'Tribunal') dated 23.02.2018.

2. The accident occurred on 15.01.2013 when S. Karthikeyan (hereafter, deceased) was on his motorcycle on the Anna Salai Road from North to South Direction. The vehicle being driven by S. Karthikeyan, crashed with a crane, belonging to Respondent No. 1 which was duly insured with Respondent No. 2 which resulted in grievous injuries to the body of the deceased. He was taken to the hospital but he succumbed to his injuries. The claim petition was filed on behalf of the Appellants. The High Court as well as the Tribunal were of the opinion that the accident had occurred due to the rash and negligent driving of the crane belonging to Respondent No.1. The liability to pay compensation was fixed on the Respondent No. 2 and accordingly the Claimants were awarded Rs. 21,34,000/- by the MACT with interest at the rate of 7.5% per annum.

3. An app

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