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2019 Supreme(All) 543

HARSH KUMAR
VIJAY SINGH – Appellant
Versus
MAHAVEER – Respondent


Advocates:
Advocate Appeared:
Ved Mani Sharma, Adv., Mansoor Ahmad, Adv., Vipin Chandra Dixit, Adv.

JUDGMENT :

HARSH KUMAR, J.

1. This F.A.F.O. has been filed against the judgment and award dated 9.10.2015 passed by Additional District Judge, Court No.16/M.A.C.T., Kanpur Nagar, hereinafter referred to as 'Tribunal' in M.A.C.P. No.639 of 2011, Mahaveer and another Vs. Vijay Singh and others awarding a sum of Rs.2,95,000/- to claimant-respondent Nos.1 & 2 with interest @ 6% per annum and directing National Insurance Company Ltd. to make payment of decretal amount with right of recovery from owner of vehicle.

2. Brief facts relating to the case are that respondent Nos.1 & 2 filed M.A.C.P. No.639 of 2011 under Sections 166 and 140 of Motor Vehicles Act with averments that their 19 years old son Ranjit Verma was going by Eicher Tractor No.UP 78 BX 3373, hereinafter referred to as 'offending tractor' along with Suraj and Ramkesh by sitting over the mudguard of tractor and due to rash and negligent driving by its driver Ram Singh when tractor came on 80 ft. road, in attempt to save a biker, it turned turtle and Ranjit Verma was crushed under tractor with grievous injuries resulting in his death on the spot. It was also contended that at the time of accident offending tractor being driven b




























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