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2023 Supreme(Jhk) 757

ANIL KUMAR CHOUDHARY
Bharti AXA General Insurance Company Limited – Appellant
Versus
Hemanti Devi, wife of Late Shankat Turi – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Amit Kumar Das, Ms. Swati Shalini, Advocate
For the Respondent:Mr. Sudhir Kumar Roy, Mr. Arvind Kr. Choudhary, Mr. Naresh Pd. Thakur, Advocate

JUDGMENT :

By the Court:- Heard the parties.

2. No one turns up on behalf of the respondent No.9 in spite of repeated calls, hence, this appeal is heard and disposed of ex-parte against the respondent No.9.

3. This Appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 04.08.2018 passed by learned District Judge-II-cum-M.A.C.T., Giridih in Motor Accident Claim Case No.10 of 2017 by which in an application under Section 166 of the Motor Vehicle Act, 1988 the learned tribunal awarded a compensation of Rs.9,30,160/- along with simple interest @ 6% per annum from the date of filing of the claim application i.e. 22.03.2017 to till the realization of the amount of compensation from the opposite party No.3.

4. The brief facts of the case is that on 08.01.2017 at about 5:00 pm the deceased was coming on a tempo with other passengers. On the way the driver of Bolero Vehicle rashly and negligently driving the offending Bolero Vehicle, dashed the tempo due to which injuries were caused to Shankar Turi and other passengers and the injured Shankar Turi was taken to referral hospital and was later on referred to Ranchi but on the way, the d

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