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2024 Supreme(Jhk) 176

PRADEEP KUMAR SRIVASTAVA
Kiran Kumari, daughter of Sri Charo Oraon – Appellant
Versus
Hemant Kumar Gupta, S/o Sri Surya Bhusan Prasad – Respondent


Advocates Appeared:
For the Appellant : Mr. Arvind Kumar Lall, Adv.
For the Opp. Parties : Mr. Shashank Saurav, Mr. G.C. Jha.

JUDGMENT :

Pradeep Kumar Srivastava, J.

Heard learned counsel for the parties.

2. The appellant has preferred this appeal being aggrieved and dissatisfied with the judgment/award dated 03.04.2018 passed by Sri Vishwa Nath Shukla, learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No.202 of 2010, whereby and whereunder the learned Tribunal has awarded unjust and improper amount of compensation to the appellant under the provision of Section 166 of Motor Vehicles Act, 1988 instead of allowing claimed amount in the appeal.

FACTUAL MATRIX

3. The appellant while about 7 years tender aged girl had gone to school and returning to home on 19.07.1999 boarding on a truck bearing Reg. No.BR-14G-0207 reached near village Lukaiya P.O. Chandwa District Latehar at about 4 PM suddenly the offending vehicle turned turtle due to rash and negligent driving by its driver resulting death of two persons travelling in the said vehicle on the spot and one per

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