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2019 Supreme(All) 269

K.J.THAKER
U. P. State Road Transport Corporation – Appellant
Versus
Krishna Gopal Agarwal – Respondent


Advocates Appeared:
Avanish Mishra, Adv., Ajit Kr Singh, Adv., L.D. Rajbhar, Adv., S.D. Ojha, Adv.

JUDGMENT :

Kaushal Jayendra Thaker, J.

Heard Sri Shashi Prakash Ravi for the appellant and Sri S.D. Ojha appearing for the claimant - respondent.

2. By means of this appeal, the appellant challenges the order dated 24.9.2004 passed by Motor Accident Claims Tribunal, Azamgarh, in Motor Accident Claim Petition No.153 of 1998 awarding a sum of Rs. 1,74,000/- along with 6% interest.

3. The facts in brief is that on 20.10.1997 at about 03.30 to 04.00 p.m. the deceased was travelling in Maruti Car No.USR-3053 and when the said car reached near the village Kasarwal on Khalilabad Gorakhpur Road, a bus came from the opposite direction and came on its wrong side and dashed with Maruti Car causing death of the deceased, who was travelling with other persons in the Maruti car they were returning after attending the weekly fare from selling the cloths from Khalilabad. The bus came on the wrong side and caused the accident whereby the persons travelling in Maruti got injured. They all were admitted in hospital in Gorakhpur where on the next date Vikas Agrawal succumbed to the injuries.

4. The deceased was unmarried person and was earning Rs. 3,500/- per month. The claimant had claimed a sum of Rs. 19













































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