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2018 Supreme(All) 2585

AJIT KUMAR
H. D. F. C. Ergo – Appellant
Versus
Sapna Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.K. Mehrotra
For the Respondents: Ankur Goel, Akhilesh Kumar and Raj Singh

JUDGMENT :

Ajit Kumar, J.

1. Heard Sri. S.K. Mehrotra, learned counsel for the appellant and Sri. Ankur Goel, learned counsel for the respondents.

2. This appeal under Section 173 of Motor Vehicles Act, 1988 is directed against the award dated 24.07.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 12, Agra in Motor Accident Claim Petition No. 769 of 2010 for a compensation of Rs. 4,36,500/- along with simple interest @ 6% per annum.

3. Briefly stating the facts are that on 29.08.2010 while deceased Sachin Kumar was riding Motorcycle No. U.P. 80 B.P. 5229 and was going to village Kakuwa along with native Ravi as pillion rider, that around 4.30 p.m., when motorcycle reached at Agra-Gwalior Road on Bhahai turning, an Eicher Tractor being driven quite rashly and negligently hit the motorcycle by coming on wrong side, resultantly Sachin suffered grievous fatal injuries and died on the spot and tractor driver ran away from the scene of incident. The claim petition was filed by Smt. Sapna Devi, young widow aged about 19 years, Smt. Ramdevi, mother of deceased and Km. Nitin, unmarried sister of the deceased aged about 18 years.

4. The claimants filed various do

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