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2013 Supreme(All) 9

SUNIL AMBWANI, ADITYA NATH MITTAL
New India Assurance Co. Ltd. – Appellant
Versus
Ramesh Chandra and Another – Respondent


Advocates:
Aijaz Ahmad Khan.
Counsel for the Respondents:
A. T. Pandey , R. P. S. Chauhan.

Hon'ble Aditya Nath Mittal,J.

We have heard Shri A.A. Khan, learned counsel for the New India Assurance Co. Ltd., the appellant. Shri A.T. Pandey appears for the respondent claimant.

The insurance company has filed this FAFO under Section 173 of the Motor Vehicle Act, 1988, against the award of compensation dated 30th July, 2012 passed by Motor Accident Claims Tribunal/ Addl. District & Sessions Judge, Court No.14, Aligarh awarding compensation of Rs.3,90,000/- with 6% interest towards the injuries caused to the claimant on which he has been rendered 100% disabled for carrying out any gainful employment.

Brief facts giving rise to this case are that on 25.8.2007 at about 7.00 p.m., when the claimant was travelling along with his wife and other passengers in a Bus No.UP 82-A-9379 from Jaharveer Rajasthan, the driver of the bus lost control on the vehicle. The bus collided with a tree and then fell down in a ditch on GT Road in front of Dadari Telephone Exchange. Shri Ramesh Chandra, the claimant and other passengers sufferred serious injuries in the accident. The claimant and his wife were admitted to Guru Teg Bahadur Hospital, Delhi, where the wife died. The claimant sufferred serious

















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