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2016 Supreme(All) 1498

SUDHIR AGARWAL, K.J.THAKER
SHRIRAM GENERAL INSURANCE CO. LTD. – Appellant
Versus
SANGEETA – Respondent


Advocates:
Counsel :
Pawan Kumar Singh for the Appellant; Harindra Prasad, J.S. Maurya and Ram Singh for the Respondents.

JUDGMENT

By the Court.—Heard Shri Pawan Kumar Singh, learned counsel for the appellant and Shri Ram Singh, learned counsel for respondent.

2. The brief facts are that the claimants respondent filed claim petition before Motor Accident Claim Tribunal (hereinafter referred to as ‘Tribunal’) being M.A.C.P No. 597 of 2012 for the death of Ashok Kumar who died in the motor accident on 2.7.2012. Tribunal after going through the entire record, granted compensation of Rs. 6,63,000/- with interest @ 7% in favour of the claimant respondent.

3. The facts are that the deceased was a cleaner on the bus bearing No. UP-70-BT-5435 when he was going by the said bus, a truck bearing No. UP-70-BT-8548 met with an accident. As far as the claimants are concerned, it is a case of composite negligence. Insurance Company of both the vehicles is appellant herein. Tribunal before whom, matter was filed held that driver of Truck No. UP-70 BT 8548 was negligent.

4. The issue of negligence has not been argued before us.

5. In a recent judgment Apex Court in UPSRTC v. Km. Mamta and others, AIR 2016 SCC 948, held that Appellate Court should decide on every issue and therefore, we propose to decide the issues whic































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