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2024 Supreme(Jhk) 172

PRADEEP KUMAR SRIVASTAVA
New India Assurance Company Limited – Appellant
Versus
Damyanti Devi, wife of Late Raj Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manish Kumar, Mr. Amit Mishra, Advocate:
For the Respondent: Mr. Nikhil Ranjan, Mr. Pratyush Kumar, Mr. Shailendra Kumar Singh, Adv. For the Resp. No.9 : Mr. Prashant Kr. Shrivastava, Adv.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

Heard learned counsel for the parties.

2. This miscellaneous appeal has been preferred by the named appellant-New India Insurance Company Limited challenging the award passed by presiding Officer Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No.144 of 2009, whereby and whereunder the claim case instituted by the claimants was allowed, granting compensation amount to the tune of Rs.13,05,200/-along with interest @ 12 % per annum from the date of award till its realization.

3. Upon service of notice, no one appeared on behalf of the respondent Nos.1 and 2.

4. Learned counsel for the appellant assailed the impugned award only on ground that the manner of occurrence in this case is very peculiar in the sense that the deceased namely Raj Kumar Prajapati was driver of a Mini Tata Truck 407 bearing Reg. No.JH-01S-8161, while driving the vehicle very rashly and negligently dashed the another stationary vehicle and as he applied the brake suddenly, meanwhile, another truck bearing Reg. No.BR-14G-1981 could not be controlled and dashed the said Mini Tata Truck 407 from behind and due to this accident, the driver of the Mini Ta

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