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2021 Supreme(Jhk) 431

ANANDA SEN
Tukeshwari Devi wife of Sri Shivnandan Mahto – Appellant
Versus
Royal Sundaram Alliance Insurance Company Limited through its Chairman-cum-Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arvind Kumar Lall, Advocate
For the Respondent:Mr. Ashutosh Anand, Advocate, Mr. Satish Kumar, Advocate

ORDER :

Claimant-appellant has preferred this appeal for enhancement of the awarded amount vide award dated 26.03.2015 passed by the District Judge-III-cum-Presiding Officer, Motor Accident Claim Tribunal, Bermo at Tenughat, Bokaro in Motor Accident Claim Case No.51 of 2011.

2. I have heard the counsel for the appellant, counsel appearing for the Insurance Company and the counsel appearing for the owner of the vehicle.

3. The case arises out of motor vehicle accident, which had occurred on 14.01.2011, when the deceased Shashi Kumar Mahato was dashed by an unnumbered maruti omni van which was driven rashly and negligently by Lakshman Nayak, thereafter on the way to taking him to the hospital, the deceased died. Kasmar Police Station Case No.4 of 2011 was registered for offences under Sections 279, 304A of the Indian Penal Code. The deceased, as per the claim application, was aged about 13 years. According to the claimants they were entitled to a compensation amount of Rs.3,50,000/- along with interest.

4. The Insurance Company had appeared before the Tribunal, but did not file any written statement and was debarred from filing any written statement by order dated 14.12.2012. Opposite pa

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