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2015 Supreme(All) 704

KRISHNA MURARI, ASHWANI KUMAR MISHRA
SURJEET SINGH – Appellant
Versus
RAJ KUMAR GUPTA – Respondent


Advocates:
Counsel :
M.D. Singh ‘Shekhar’ and Atul Srivastava for the Appellants; Saral Srivastava for the Respondents.

JUDGMENT

By the Court.—Husband and sons of the deceased, who died in accident in question, have preferred this appeal under Section 173-A of the Motor Vehicles Act, 1988 for enhancement of compensation. The award of the Tribunal determining compensation amount of Rs. 4,05,500/- in M.A.C. No. 935 of 2002 has been accepted by the insurance company and no appeal has been preferred by it.

2. Facts in brief giving rise to filing of the present appeal are that on 30th July, 2002 while deceased was crossing the by-pass road, she was hit by a speeding truck, bearing Registration No. MP33/H-0626, due to its rash and negligent driving at Agra, which led to her accidental death on the spot. A claim under Section 166 of the Motor Vehicles Act was raised by appellants herein against the owner of the truck and the insurance company with the averment that deceased was about 44 years of age and was running a boutique and was taking care of the claimants. It was alleged that during the last financial year, her income was assessed at Rs. 80,750/- per annum and a claim for compensation of Rs. 10 l








































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