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2014 Supreme(All) 627

DEVI PRASAD SINGH, ADITYA NATH MITTAL
Amina Khatoon & Ors. – Appellant
Versus
United India Insurance Company Ltd. Thru Manager & Ors. – Respondent


Advocates:
For the Appellant :- S.N. Ojha,Jay Prakash Singh Vats
For the Respondent:- S.P. Singh Somvanshi,Ashutosh Kumar Singh,Sanjai Saxena

Devi Prasad Singh:-

Instant appeal under Section 173 of the Motor Vehicle Act has been preferred against the impugned award dated 5.3.2004 passed by Motor Accident Claim Tribunal/IV Additional District Judge, Pratapgarh in Claim Petition No. 121 of 2001.

2. Appellant being not satisfied with the quantum of compensation awarded by the Tribunal preferred the instant appeal. Deceased- Khursheed Ahmad, S/o Mohd. Qayum alias Kaljum, aged about 35 years was a truck driver. On 12.2.2001 he was going from District Pratapgarh to Reva, District Madhya Pradesh plying the truck bearing no. UP 70J9655. Near Thana Gangawan District Reva Madhya Pradesh truck collided with another truck no. MP 17 C 2628 and suffered with grievous injuries. He was admitted in Reva Medical College but could not be saved and ultimately succumbed to injuries. An FIR was lodged with regard to accident in question.

3. The claimant-appellant preferred the claim petition for compensation to the tune of Rs. 15,11,000/-. The Tribunal framed relevant issues with regard to accident, insurance policy, driving licence etc. Parties led evidence before the Tribunal. The factum of accident has not been denied by the respondent.

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