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2008 Supreme(All) 2653

RAN VIJAI SINGH, V.M.SAHAI
ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
POONAM KESARWANI – Respondent


Advocates:
Counsel :
V.K. Birla for the Appellant; A.K. Singh for the Respondents.

JUDGMENT

By the Court.—This first appeal from order is directed against the award passed by the Motor Accident Claims Tribunal awarding compensation Rs.11,83,556/- along with 6% interest by award dated 31.7.2008. The facts in brief are that on 18.8.2004 at about 11 A.M., Truck No. MP-17C/5217 hit the Scooter No. UP-53/3663 from behind. In the accident Sri Jauhari Lal Kesarwani was seriously injured and he died due to injuries received in the accident. He was working as Accountant in District Urban Development Authority (DUDA), Allahabad and drawing monthly salary of Rs.11,289. The claimants being widow, children and father of the deceased, filed M.A.C.P. No. 583 of 2004 under Section 166 of the Motor Vehicles Act, 1988 (in brief the Act) claiming Rs. 20 lacs compensation along with interest. The claim petition was contested by the appellant on the ground that though the offending Truck No. MP-17C/5217 was insured by the appellant but the driver was not having a valid driving licence. The appellant filed an application under Section 170 of the Act. It was rejected by the tribunal on 2.9.2006. The tribunal recorded the finding that the accident took place due to rash and negligent dri














































































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