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2013 Supreme(All) 3498

SIBGHAT ULLAH KHAN, SATISH CHANDRA
Jagmohan – Appellant
Versus
Vijay Shanker Tiwari – Respondent


Advocates Appeared:
For the Appellant : R.K. Sinha
For the Respondent: R.C. Sharma

JUDGMENT :

Sibghat Ullah Khan, Satish Chandra, JJ.

Present appeal has been filed by the appellant-claimants for the enhancement of the compensation u/s 173 of Motor Vehicles Act, 1988 against the judgment and order dated 20.3.2001 passed by the Motor Accident Claim Tribunal. Unnao in Claim Petition No. 203 of 1996. Jagmohan v. Vijay Shanker Tiwari, where a total compensation of Rs. 50,000 was awarded against the insurance company alongwith 9% interest. The brief facts of the case are that in the night of 2.4.1995, at about 4.00 a.m., Smt. Kunwara wife of Sri Maiku Lal was traveling in a Bus No. U.S.Z. 1192. When the Bus reached Kunda Railway Station, it got overturned due to speed breaker which resulted injuries to the passengers and the death of deceased Smt. Kunwara. The claimant-appellants have filed the claim petition, where the Tribunal by its impugned order has awarded a total compensation off 50,000. Not being satisfied, the claimants-appellants have filed the present appeal.

2. With this background Sri Rajeev Kumar Sinha, learned counsel for the appellants-claimants submits that the Bus was going to Vindhyachal alongwith 45 to 50 passengers. When it reached near Kunda Railway












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