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2017 Supreme(All) 1609

DEVENDRA KUMAR ARORA, SHEO KUMAR SINGH-I
New India Assurance Co. Ltd. – Appellant
Versus
Gomti Devi – Respondent


Advocates Appeared:
For the Appellant : T.J.S. Makker.
For the Respondent: M.M.Pandey, Shakeel Ahmad Ansari.

JUDGMENT

Sheo Kumar Singh-I, J.

1. The present First Appeal From Order has been filed under Section 173 of the Motor Vehicles Act 1988 against the award dated 23.2.2008 passed by Motor Accidents Claims Tribunal /Additional District Judge, Court No. 9, Sultanpur in Claim Petition No. 105 of 2007 whereby an amount of Rs.8,36,124/- was awarded as compensation with interest at the rate of 6% per annum since the date of filing of the petition in favour of claimants.

2. One Shiv Prasad Tewari resident of village Purkhipur, Pargana Baraunsa, Tehsil Sadar, District Sultanpur died on account of injuries sustained in motor accident which occurred on 11.2.2007 at about 1.00 P.M. in village Kunwarpur Majre Tarun. Offending vehicle, Tractor No. U.P.-42-H-6178 which was driven by Ram Chandra, carelessly and negligently crushed the deceased causing death on the spot. Leaving the tractor on side, the driver left away. The information was given to police concerned and a tractor was recovered on the spot. The first information report was lodged in the police station Tarun, District Faizabad which was registered as case crime No. 113 of 2007 under Sections 279, 337, 338, 427, 304-A of I.P.C. and after i





































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