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2023 Supreme(Del) 4414

RAJNISH BHATNAGAR
New India Assurance Co. Ltd. – Appellant
Versus
Neetu Devi – Respondent


Advocates appeared:
Mr. J.P.N. Shahi, Advocate, for the Appellant.
Mr. Rahul Rohtagi, Advocate for R-1 to 4 (through video conferencing)

JUDGMENT

Rajnish Bhatnagar, J.

1. The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 18.07.2017 with the following prayers:

    "a. Allow/admit the appeal of the appellant and set aside/modify the award dated 18.07.2017 passed by Sh. Sanjay Sharma, Judge, MACT, KKD Courts, in the case titled as Smt. Neetu Devi Vs. Shanawaz ors. in Suit No. 606/2016, thereby reduce the quantum of compensation.

    b. Any other relief which this Hon'ble Court deems fit and proper, in the facts and circumstances of the present case may also be granted in favour of Appellant and against the Respondents."

2. In brief the facts of the case are that Sanjay Verma @ Sanjay Lodhi, aged 36 years working as a professional driver, died as a result of injuries suffered in a motor vehicular accident which occurred on 26.03.2016 at 3.00 a.m. on Moradabad-Hapur Road, near Star Light Tourist Hotel, Garh Mukteshwar, Distt. Hapur, U.P., when the truck bearing registration No. UP 13 T 8672 being driven by Sanjay Verma @ Sanjay Lodhi rammed into rear portion of the truck bearing registration No. UP 21 N 9547 (offending vehicle) which was stationed just adjacent to the divi

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