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2014 Supreme(All) 1582

RAJES KUMAR, OM PRAKASH
RELIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
BRAJESH DEVI – Respondent


Advocates:
Counsel :
Saurabh Srivastava for the Appellant; Santosh Kumar Singh for the Respondents.

JUDGMENT

By the Court.—This First Appeal From Order under Section 173 of the Motor Vehicle Act has been filed by the appellant - insurance company against the judgment and award dated 29.3.2014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Mathura in Motor Accident Claim Petition No. 440 of 2010 (Smt. Brajesh Devi and others v. Suresh Kumar Shastri and others) whereby the Tribunal has awarded compensation of Rs. 23,11,000/- alongwith 7% simple interest per annum from the date of filing of the claim petition to the claimant-respondents fastening the liability to pay the compensation on the appellant - insurance company.

2. In the claim petition, the respondents set up a case that on 10.2.2008 at about 10.00 a.m.when the deceased was going to his village Salemabad, district Agra alongwith his wife, Smt. Brajesh Devi on motor-cycle and when they reached near Gate No. 2 of Mathura Refinery on National Highway No. 2, the driver of the offending car, bearing registration No. UP-85-S-0620, being driven rashly and negligently, hit the motor-cycle from the back side, causing grievous injuries to the deceased and also some injuries to Smt. Brajesh Devi, the




























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