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2020 Supreme(All) 891

KAUSHAL JAYENDRA THAKER
Shrimati Saroj – Appellant
Versus
Raman Malhotra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vishnu Prakash Srivastava
For the Respondent: A.K. Upadhyay, Mohan Srivastava, Vijai Prakash Awasthi, Vijay Kumar Rathi

JUDGMENT :

1. Heard learned counsel Shri Vishnu Pratap Srivastava for the appellants and learned counsel Shri Mohan Srivastava for the respondents-Insurance Company. Other respondents have absented themselves and are not represented though served.

2. This appeal, at the behest of Claimants challenges the judgment and award dated 13-09-2017 passed by Motor Accident Claims Tribunal Bulandsaher (hereinafter referred to as 'Tribunal') in M.A.C.P No.1 of 2010, whereby the claim petition filed by the claimants was dismissed by the tribunal.

3. The parties are referred to as claimants/appellants(original applicants). and insurance company/respondents.

4. The brief facts as they emerge are on the fateful day namely 30th of October, 2008, the deceased Satyendra Pal and his brother Krishna Kumar were easing near Ram Lila Ground when Krishna Kumar in the early morning at about 4.00 a.m. was going to drop Gulabati who was serving at a distant place. A Maruti Zen came and dashed with the deceased. The deceased breathed last on the spot. A First Information Report was given by Krishna Kumar in the early morning on the same day at 8.30. The post mortem report was carried out and the report was furnis

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