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2013 Supreme(All) 3011

SATISH CHANDRA, SIBGHAT ULLAH KHAN
New India Assurance Co. Ltd. – Appellant
Versus
Radhika Chaturvedi – Respondent


Advocates Appeared:
For the Appellant :- Vineet Singh Chauhan
For the Respondent:- Dinesh Kumar, Zafar Aziz

JUDGMENT

Dr. Satish Chandra,J.

All these appeals have been filed by the Insurance Company as well as the claimants-respondents under Section 173 of Motor Vehicle Act, 1988, against the impugned judgments and orders dated 21.02.2009; and 31.01.2009, passed by the Motor Accident Claim Tribunal, Lucknow, in Claim Petition Nos.85 of 2006; 86 of 2006 and 221 of 2006.

2. The brief facts of the case are that on 25.01.2006, unfortunate parent of the claimant, namely, Sri Rajeev Chandra Chaturvedi and Smt. Leena Chaturvedi were travelling from Delhi to Lucknow in their Scorpio Jeep No. UP-32 BF-2269. At about 7.30 in the morning, when the Jeep reached near Sitapur, from the opposite direction a Truck No. BR24G0215 was coming, whose driver was driving the Truck carelessly and negligently and hit the Jeep, which resulted death of Sri Rajeev Chandra Chaturvedi; Smt. Leena Chaturvedi and their driver Mr. Jyotin Awasthi on the spot. Claimants have filed the claim petitions before the Tribunal. The Tribunal after examining the entire evidence has awarded a total compensation of Rs.8,07,000/-; Rs.27,07,000/-; and Rs.2,26,000/- pertaining to the husband; wife and driver respectively. The interest @ 7

































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