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SAUMITRA DAYAL SINGH
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
ASHOK KUMAR – Respondent


Advocates:
Counsel :
A.A. Khan for the Appellant; Atul Trj Kulshrestha for the Opposite Party.

JUDGMENT :

Saumitra Dayal Singh, J.

1. This appeal has been filed by the insurer against the award dated 29.05.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Muzaffar Nagar in M.A.C.P. No. 470 of 2008.

2. It is a death case. Briefly, according to the claim case, on 17.08.2008 the deceased Arjun Singh was riding a motorcycle bearing registration no. UP 12 K - 1899 with one Shiv Kumar, when at about 3:00 p.m. a car bearing registration no. RJ 14 CD - 0123 coming from Jaipur hit the motorcycle from behind resulting in grievous injuries to the deceased Arjun Singh who later died at a hospital. Before the Tribunal, various issues were framed including one as to the negligence etc.

3. The Tribunal recorded a finding, the aforesaid accident was caused due to rash and negligent conduct of the driver of the car bearing registration no. RJ 14 CD - 0123 and it accordingly held insurer liable for compensation. Also, while making the computation, the Tribunal considered the age of the deceased being 20 years and applied a multiplier of 16.

4. As to the loss o






































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