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2019 Supreme(All) 935

SARAL SRIVASTAVA
United India Insurance Co Ltd. – Appellant
Versus
Uma Tripathi – Respondent


Advocates Appeared:
Amaresh Sinha, Adv., V.K. Shukla, Adv., Vidya Kant Shukla, Adv.

JUDGMENT :

Saral Srivastava, J.

1. Heard learned counsel for the parties.

2. Since, these two appeals are arising out of same accident and issues involved are common, therefore, these two appeals are being decided together by common judgment.

3. The F.A.F.O. No. 310 of 2013 has been preferred by the insurance company challenging judgment and order dated 17.10.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.11, Kanpur Nagar in M.A.C.P. No.954 of 2010. F.A.F.O. No. 4322 of 2012 has been preferred by the claimants for enhancement of compensation.

4. The brief facts giving rise to the present appeals are that one Krishna Gopal Tripathi on 24.07.2010 was riding motorcycle No. U.P-78-CB-0080 from office to his home and at about 12:45 pm when he reached near Anjali Nursing Home, a truck No. DL-1GB-1720 driven by its driver rashly and negligently dashed with the motorcycle. As a result of the said accident, Krishna Gopal Tripathi suffered multiple injuries and died. The deceased was stated to be employed as Chief Field Manager, Royal Five Branch Office Sahara Group Company, Kidvai Nagar, Kanpur and was earning about Rs. 65,000/- per month. In the aforesaid back

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