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2017 Supreme(Jhk) 261

AMITAV K.GUPTA
New India Assurance Co. Ltd. – Appellant
Versus
Amna Khatoon, wife of Md. Hakim @ Abdul Hakim – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Alok Lal, Advocate, Mr. Santosh Kumar, Advocate
For the Respondents:Mr. Rajiv Anand, Advocate, Mr. Laxman Kumar, Advocate, Mr. Nikhil Ranjan, Advocate

JUDGMENT :

1. This appeal has been preferred against the judgment/ award dated 21.03.2012 passed by the Presiding Officer, Motor Vehicle Accident Claim Tribunal, Ranchi in connection with Compensation Case No.306 of 2003 whereby the appellant/ New India Assurance Co. Ltd was directed to pay compensation of Rs.2,37,500/- along with interest @6% per annum payable with effect from 19.03.2009.

2. The claimants' case is that on 18.06.2013 the bus bearing registration No.JH 13A-0175, carrying the passengers reached near village Singsari under Angara Police Station and dashed the motorcycle coming from the opposite direction and subsequently dashed against the tree standing on the side of the road. The bus was extensively damaged and some passengers of the bus sustained injuries and some died due to the injuries sustained on account of the accident. It is alleged that the accident took place due to rash and negligent driving by the driver of the bus. In the said accident the motorcycle rider namely Md. Shamshad @ Babloo succumbed to the injuries in course of treatment at RIIMS.

3. Amna Khaton the mother of deceased Md. Shamshad filed Compensation Case No.306 of 2003 claiming compensation on

















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