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2023 Supreme(P&H) 42

DEEPAK GUPTA
New India Assurance Company Ltd – Appellant
Versus
Lal – Respondent


Advocates Appeared:
Vinod Gupta, Advocate, Vipul Sharma, Advocate

JUDGMENT

Deepak Gupta, J. - This is an appeal filed by the Insurance Company against award dated 12.09.2018, whereby Motor Accident Claims Tribunal, Chandigarh has allowed compensation of Rs.64,87,536/- on account of death of Rama Kant, in MACT No.458 of 2017 titled 'Shri Lal and others vs Shiv Dularey and others'.

2. The facts of the case, in brief, are that on 21.06.2017 at about 7 p.m., Rama Kant S/o Shri Lal along with his colleague Manoj Kumar was moving on foot on left side of road near railway Crossing Satarhi, Haidergarh, District Barabanki (UP), when a truck bearing registration No.UP-35T-1848 (hereinafter referred as 'offending vehicle') being driven by respondent Shiv Dularey came at high speed, in rash and negligent manner and struck against Rama Kant, who fell down. His head was crushed under the wheels of the offending vehicle, due to which he died on the spot. Manoj Kumar ran fast to the extreme left side and saved his life. FIR No.216 dated 21.06.2017 was registered under S

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