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2023 Supreme(Jhk) 1005

PRADEEP KUMAR SRIVASTAVA
Branch Manager, Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Binita Topno wife of Late Prakash Topno – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Alok Lal, Mr. Santosh Kumar, Adv.
For the Respondent: Mr. Kripa Shankar Nanda, Mr. N.K. Sinha, Adv.

JUDGMENT :

Heard learned counsel for the parties.

2. Present miscellaneous appeal has been preferred under section 173(1) of the Motor Vehicle Act on behalf of the Bajaj Allianz General Insurance Company Limited, assailing the impugned award dated 21.11.2017 passed in Motor Accident Claims Case No.70 of 2012 passed by learned District & Additional Sessions Judge-VI-cum-P.O., MACT, Gumla, whereby the claimants namely, (1) Binita Topno (2) Sunita Topno (3) Dashrath Topno (4) Suraj Topno (5) Mushkan Topno (6) Ghogeya Topno and (7) Muktak Topno (Appellant Nos.2-5 are minors being represented through respondent No.1 being their mother as their next friend) have been awarded compensation to the tune of Rs.6,08,540/-along with interest @ 6 % per annum from the date of admission of the claim petition i.e. 20.09.2014 till its realization. The interim compensation paid, if any, under section 140 of the Motor Vehicle Act, 1988 shall be deducted therefrom.

3. The case of the claimants in short is that one Prakash Topno aged about 35 years who was the only earning member of the claimant’s family met with an accident arising out of use of motor vehicle bearing temporary registration No.JH-01G(T)-44

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