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2010 Supreme(All) 2079

RAKESH TIWARI
NEW INDIA ASSURANCE CO. LTD. , FATEHPUR – Appellant
Versus
HASINA BEGUM – Respondent


Advocates:
Counsel :
Rajeev Chaddha for the Appellant; A.K. Shukla for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the parties and perused the record.

2. This First Appeal From Order has been filed challenging the validity and correctness of the judgment and decree dated 16.11.1995 passed by the Motor Accident Claims Tribunal/VI Additional District Judge, Fatehpur in Claim Petition No. 01 of 1980 whereby the Claims Tribunal awarded compensation of Rs. 90,000/- with interest at the rate of 12% per annum with effect from 11.7.1995 in the following terms :

ORDER

“ The claim petition on behalf of only Smt. Haseena Begum claimant No. 1 is decreed for compensation of Rs. 90,000/- ( Rs.Ninety thousand only) against the opposite parties jointly and severally. Interest at the rate of 12% per annum from 11.7.1995 shall also be payable on the said amount by the opposite parties jointly and severally. Since the claimant is an illiterate widow, the amount as awarded shall be paid through FDR in any Nationalized Bank and the interest accrued thereon shall be payable from time to time to the claimant Smt. Haseena Begum. In case of urgency, the claimant Smt. Haseena Begum may withdraw the required amount showing genuine act.”

3. It appears from the re



































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