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2013 Supreme(All) 1101

RAKESH TIWARI, KARUNA NAND BAJPAYEE
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
MONIKA OBERAI – Respondent


Advocates:
Counsel :
Arvind Kumar for the Appellant.

Rakesh Tiwari:-

We have heard Sri Arvind Kumar, counsel for the appellant, the New India Assurance Company Ltd. and perused the impugned award as also papers filed along with memo of appeal.

2. This First Appeal From Order arises from the judgment and order dated 29.1.2013 passed by the Additional District Judge, Court No.12, Bareilly/ Motor Accident Claims Tribunal, Bareilly in M.A.C.P. No. 829 of 2011. By the aforesaid Award, the Tribunal has awarded a compensation of Rs.10, 27, 405.00 along with 7% interest to the claimants, from the date of filing of the claim petition till final satisfaction of the award.

3. The back ground of the case, in which, the aforesaid order has been passed is that an accident occurred on 9.6.2011 between Car No.U.P.16S/9500 and Truck No.M.P. 6E/5721 which was insured by the appellant company. In the accident, Ajay Oberai travelling in the said car was taken for treatment after the said accident. He died in Hospital due to grievous injuries sustained by him in the accident.

4. Claim Petition was preferred before the Tribunal MACP No.829 of 2011, Smt. Monika Oberai Vs. The New India Assurance Company Ltd. for a sum of Rs.60,50,000/- The claimants were wi













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