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2014 Supreme(All) 1322

MANOJ MISRA
United India Insurance Co. Ltd. – Appellant
Versus
Ramesh – Respondent


Advocates:
Counsel :
Saral Srivastava for the Appellants; K.P. Pandey, Neeraj Srivastava and Virendra Singh for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—Heard Sri Saral Srivastava for the appellant and Sri Neeraj Srivastava for the claimant-respondents in all the above appeals. No one appeared on behalf of the owner of the vehicle involved in the accident.

2. These five appeals have been filed by the Insurer of tractor No. UP 85 L 0438 challenging awards dated 2.5.2006 passed separately by the Motor Accident Claim Tribunal/Additional District Judge, Court No. 4, Mathura in M.A.C.P. Nos.161, 163, 165, 209 and 212 of 2004 by which compensation of Rs. 1,52,000/- with 6%interest from the date of claim has been separately awarded to the claimants of each of the claim petitions. As the aforesaid claim petitions arose out of a common accident dated 16.5.2004, involving a common offending vehicle i.e. Tractor No. UP 85 L 0438, in which as many as five children traveling in a rickshaw died on account of the injuries which they received in the accident and all these appeals raise common questions of law and fact, for the sake of convenience and with the consent of learned counsel for the parties are being decided together by a common judgment.

3. First Appeal From Order No. 1962 of 2006 arises out of claim pet


















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