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2017 Supreme(Del) 2000

R.K.GAUBA
Bebi Giri – Appellant
Versus
National Ins. Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anshuman Bal
For the Respondents: Mr. D.K. Sharma

JUDGMENT :

1. On the appellant’s claim petition No. 3840/2016 (Suit No. 158/2012), by judgment dated 1.8.2016, the motor accident claims tribunal (tribunal) awarded compensation in the sum of Rs. 7,14,448/- with interest @ 9 % per annum on account of death of her 22 year old son Amit Giri in motor vehicular accident that had occurred on 22.09.2011 at about 8.00 p.m. it involving rash driving of truck bearing No. UP 70AT 7483 by the first respondent, it being a vehicle registered in the name of the second respondent and insured against third party risk with the third respondent for the relevant period, the accident having become the subject matter of investigation of first information report (FIR No. 431/2011) of police station Majhola, UP. It may be mentioned here that the claim petition was filed by the appellant, her husband Ashok Giri having joined as the co-petitioner. Her husband died during the pendency of the proceedings and, thus, the case was prosecuted to the logical end by the appellant only.

2. The appeal at hand seeks to raise a grievance that claimant has not been awarded just compensation. Reliance has been placed on the view taken by a learned single judge of this Cou






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