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2016 Supreme(All) 1497

SUDHIR AGARWAL, K.J.THAKER
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
ANARWATI – Respondent


Advocates:
Counsel :
Amresh Sinha for the Appellant; R.K. Porwal for the Respondents.

JUDGMENT

By the Court.—Heard Sri Amresh Sinha, learned Counsel for appellant and Sri R.K. Porwal, learned counsel appearing for the respondents.

2. Facts as revealed by record are that on 5.7.2002 at about 4.10 a.m. on Bareilly-Etawah road near Galla Mandi, within circle of P.S. Ikdil, District Etawah, when deceased Shivendra Kumar, alongwith his two companions, was coming back to Etawah from Basehor after doing AAMPASI work on a motor cycle on left side of road, Tractor No. UP 75-A/1732 coming from the side of Etawah, being driven rashly and negligently by its driver, collided with motor cycle of deceased which resulted into death of Shivendra Kumar while other persons sustained grievous injuries. One Yogendra Singh lodged report of accident at P.S. Ikdil, District Etawah, on same day at 16:25 hours. Investigating Officer investigated case and after observing necessary formalities, submitted charge-sheet against Saran Singh, driver of tractor. Postmortem examination of deceased Shivendra Kumar was conducted on 5.7.2002 at about 10:00 p.m. Tribunal in its final order awarded a sum of Rs. 9,52,416/- with interest at the rate of 6% as against a claim petition of Rs. 13,00,000/-. Tribu
























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