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2007 Supreme(AP) 50

S.H.KAPADIA, ARIJIT PASAYAT
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
KALPANA – Respondent


Advocates Appeared: Chandra Prakash Pandey, JOY BASU, LALIT MOHINI BHAT, Madhurendra Kumar, Mike Desai

DR. ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal is to the order passed by a Division Bench of the uttaranchal High Court holding that the respondents were entitled to compensation of Rs. 8,16,000/- with interest @ 6% p. a. from the date of filing of the claim petition till the date of actual payment. Before the high Court the claimants had questioned the judgment passed by the Motor Accident claims Tribunal/addl. District Judge, haldwani, District Nainital (in short 'mact' ).

( 3 ) FACTUAL scenario in a nutshell is as follows: 1]. On 7. 6. 1999 at about 9. 50 p. m. Vijay singh Dogra (hereinafter referred to as the 'deceased') was coming from Nandpur to haldwani on his vehicle No. UP 01-3962. He was driving the said vehicle. When the vehicle reached near the Block Office, haldwani, it dashed with a Truck No. URN 9417 which was parked on the road in violation of the traffic rules. In the accident the deceased sustained grievous injuries and he was taken to the Base Hospital, haldwani from where he was referred to bareilly for better treatment. But he died on 9. 6. 1999. He was about 33 years of age at the time of accident. Claimants i. e. respondents 1 t





















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