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2015 Supreme(P&H) 1508

SURINDER GUPTA
New India Assurance Co. Ltd. – Appellant
Versus
Kanta – Respondent


Advocates:
For the Appellant:Mr. S.S. Sidhu, Advocate.

JUDGMENT

Mr. Surinder Gupta, J.: - This is appeal by New India Assurance Company Ltd. Against the award dated 29.04.2015 passed by Motor Accident Claims Tribunal, Kaithal (later referred to as the Tribunal).

2. As per the claimants, Suresh (since deceased) along with one Radhe Sham son of Deva, resident of Alipura, District Jind was going on a motorcycle bearing registration No.HR-32-E-4966 being driven by the deceased. At about 12.30 P.M. when they reached ahead of Titram turn of road near Shiv Shakti Dhaba, a tractor bearing registration No.HR-08-F- 7408 (later referred to as the offending vehicle) being driven by respondent No.1 in a rash and negligent manner came at a very high speed and hit the motorcycle after coming on the wrong side of the road. The motorcycle fell down in front of the offending vehicle and its front wheel crushed the head of Suresh. Radhe Sham, the other occupant of the motorcycle also received injuries.

3. The Tribunal on appraisal of evidence, allowed compensation of Rs.13,50,400/- with interest @7% per annum from the date of institution of the petition till realisation of the whole amount of compensation.

4. Learned counsel for the appellant has argued



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