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2022 Supreme(Jhk) 1218

S. N. PATHAK
Baby Kumari Mahato @ Baby Kumari Mahto, wife of Late Lambodhar Mahato – Appellant
Versus
Vikash Patro, son of Malin Patro – Respondent


Advocates:
Advocate Appeared:
For the Claimants:Mr. Tapeshwar Nath Mishra, Advocate.
For the Owner of Motorcycle :Mr. Deepak Kumar Sinha, Ms. Rakhi Sharma, Advocate
For the Insurance Company:Mr. Alok Lal, Advocate

JUDGMENT :

Dr. S.N. Pathak, J.

Both the appeals arise out of Judgment/Award dated 06.05.2017, passed by District Judge – III – cum – Motor Vehicles Accident Claims Tribunal, East Singhbhum at Jamshedpur and as such both have been heard together and are being disposed of by this common Judgment. The M.A. No. 446 of 2019 has been filed by the claimants for enhancement of awarded amount of compensation whereas M.A. No. 704 of 2017 has been preferred by the National Insurance Company Ltd. for setting aside the impugned Judgment/Award.

2. Claim application was preferred by the claimants alleging therein that on 11.07.2014 at about 16:30 p.m., the informant – Manoj Kumar Mishra was returning from village Dhatkidih after servicing of summons and when he reached Kokra, Adityapur Road, near Panchyat Bhawan, he saw one Lambodar Mahato was coming from Adityapur side by his motorcycle bearing registration no. JH 06D 3582 and when he reached near Main Road, Kokra to Adityapur near Panchayat Bhawan, P.S. – Seraikela, one Motorcycle – Bajaj Discover was coming with high speed and driver was driv

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