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2014 Supreme(Del) 2152

JAYANT NATH
Oriental Insurance – Appellant
Versus
Kavita Bansal – Respondent


Advocates:
Advocate Appeared
For the Appellants:Pradeep Gaur, Advocate.
For the Respondents:R1 to R3, Navneet Goyal, Advocate.

Judgment :

Jayant Nath, J. (Oral):

1. The present appeal has been filed by the appellant Insurance Company seeking to impugn the Award dated 29.04.2014 stating that the compensation awarded is on the higher side.

2. The matter came up for hearing on 10.09.2014 when learned counsel for respondent No.1 to 3/caveator/Claimant has entered appearance and opposed the appeal. He was given an opportunity to file all relevant evidence/record of the trial court so that the matter could be heard today. The same has now been filed.

3. The brief facts are that the claim petition was filed under Sections 166 and 140 of the Motor Vehicles Act, 1988 pursuant to the death of Sh.Pawan Kumar Bansal in the motor vehicle accident. On 08.11.2013, the deceased Pawan Kumar Bansal with other co-passengers boarded a bus from Lucknow for Delhi. The bus was said to be driven by its driver/respondent No.4 in a rash and negligent manner in the morning at 4.30 A.M. in District Firozabad, U.P. It is urged that the driver of the bus lost control and struck against a stationary truck with great force. As a result of the collusion, Mr.Pawan Kumar Bansal sitting on the front seat of the bus sustained fatal injuries a

























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