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2014 Supreme(All) 3149

MANOJ MISRA
New India Assurance Co. Ltd. – Appellant
Versus
Kailashi – Respondent


Advocates Appeared:
For the Appellant :- Arun Kumar Shukla

JUDGMENT

Manoj Misra,J.

Heard Sri Arun Kumar Shukla, learned counsel for the appellant.

2. The instant appeal has been filed by the insurer of Bus No. UP15-AT-0695 against the judgment and award dated 27.03.2014 passed by the Motor Accident Claims Tribunal/Additional District & Sessions Judge, Court No.14, Ghaziabad in M.A.C.P. No. 597 of 2010 by which a compensation of Rs. 2,79,000/- has been awarded to the claimant-respondent on death of Ramesh Chandra in a road accident dated 02.08.2007.

3. A perusal of the record reveals that as many as nine issues were framed by the Tribunal. The claimant had examined two witnesses, namely, P.W.1 (the widow of the deceased) and P.W.2 (Santosh), who was an eye-witness of the accident. Amongst others, the documents produced before the Tribunal were copy of the first information report, copy of the death certificate, copy of the registration certificate of the Bus involved in the accident, copy of the insurance policy, copy of the driving licence of Raj Kumar, who was alleged to be the driver of the Bus, copy of the permit of the Bus, copy of the fitness-certificate of the Bus, copy of the hospital bills, etc., copy of the site plan, copy of the post













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