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2018 Supreme(All) 124

RAM SURAT RAM (MAURYA)
N. I. A. C. L. – Appellant
Versus
SIDDHARTH ASSOCIATE – Respondent


Advocates Appeared:
Subhash Chandra Srivastava for the Petitioners; C.S.C. and Ashish Kumar Gupta for the Respondents.

JUDGMENT

Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri Subhash Chandra Srivastava, for the petitioners and Sri Ashish Kumar Gupta, for respondent-1.

2. The writ petition has been filed against the award of Permanent Lok Adalat, dated 15.6.2016, passed in P.L.A. Case No. 69 of 2014, directing for payment of Rs. 242013/- alongwith simple interest at the rate of 7% per annum and costs of Rs. 200/- to respondent-1 by way of reimbursement.

3. M/s. Siddharth Associate through its proprietor Smt. Anita Bajpayee (respondent-1) filed an application (registered as P.L.A. Case No. 69 of 2014) for compensation of Rs. 242013/- alongwith costs. It has been stated that respondent-1 was owner of Highba Dumper U.P.-27 T-5421, which was insured with the appellant. On 9.9.2013, when the driver of aforesaid dumber was unloading ply S at Azizganj turn, in between showroom of JCB and Tata Company, Bareilly, its body was detached from chassis and was damaged. The claimant informed the petitioner about this accident. On which the petitioner sent its official surveyor and obtained a survey report and sent the vehicle for repair to authorized service center of the company i.e. Visheshwar Motors, Bareilly on 1






























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