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2022 Supreme(Jhk) 1241

ANIL KUMAR CHOUDHARY
United India Insurance Co. Ltd. – Appellant
Versus
Jarina Bibi W/o. Late Md. Sekh Ishaque @ Md. Asar – Respondent


Advocates Appeared:
For the Appellant : Mr. D.C. Ghose.
For the Respondents: Mr. Atanu Banerjee, Mr. J.N. Upadhyay.

JUDGMENT :

1. Heard the parties.

2. Though notice has been validly served upon the owner of the vehicle being respondent no.5 and the driver of the vehicle being respondent no.6 but neither of them turns up in-spite of repeated calls. Hence this appeal is heard ex-parte in respect of respondent nos.5 and 6.

3. This appeal is directed against the judgment and award dated 27.02.2012 passed by the Principal District Judge-cum-Motor Vehicle Accident Claim Tribunal, Seraikella by which the learned Tribunal in an application for compensation under Section 166 of the Motor Vehicle Act, 1988 has directed the insurance company to pay the compensation amount of Rs.2,73,500/- with interest at the rate of 6% per annum from the date of filing of the claim petition that is since 01.06.2007 till the date of realization.

4. The brief facts of the case is that on 07.11.2006 while the deceased Md. Sekh Ishaque @ Md. Asar was travelling on the roof of the bus after paying the fair to the conductor of the bus with the assurance of the conductor to provide a seat to the deceased after sometime inside the bus, the bus being driven in rash and negligent manner on application of sudden brake, there was a jerk

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