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2022 Supreme(Raj) 163

BIRENDRA KUMAR
Asha W/o Late Shri Ramavatar @ Ramgopal – Appellant
Versus
Naresh Kumar S/o Shiv Charan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Chelsi Gangwal for Mr. Prateek Sharma through VC.
For the Respondent: Mr. Ritesh Jain through VC.

JUDGMENT :

1. In this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants are wife, minor daughter and parents of Late Ramavatar @ Ramgopal, a victim of motor vehicle accident. The appellants had brought MAC Case No.134/2011 before the Motor Accident Claims Tribunal, Bharatpur. By the impugned judgment and award dated 06.04.2012, the learned Tribunal awarded Rs.3,21,600/- against claim of Rs.80,35,000/-. The appellants are not satisfied with the calculation and quantum of compensation decided.

2. The case and claim of the appellants is that on 22.11.2009 the deceased was going on his Motor Cycle bearing Registration No.RJ-05-SB-4065. At about 5:30 PM, when he reached near Village Udera, Police Station Fatehpur Sikri, a rash and negligent motor cycle bearing Registration No. RJ-05-5M-4022 came from ahead, dashed and caused death of Ramgopal, during treatment.

A Police case was registered on the statement of uncle of the deceased who was travelling along with the father of the deceased namely, Pradhan Singh AW/2. After investigation, the police submitted charge sheet against Naresh Kumar, the owner of the offending vehicle. The Post Mortem Report would reveal that t

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