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2020 Supreme(All) 1271

RAVI NATH TILHARI
Manju Mittal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : M.A. Mishra

JUDGMENT

Ravi Nath Tilhari, J.

1. I have heard Sri M.A. Mishra, learned Counsel for the petitioners and learned Standing Counsel for respondent No. 1 and perused the record.

2. As per office report dated 5.12.2019 the petitioners have not taken steps to serve the respondent No. 2, The New India Insurance Co. Ltd., in pursuance of the order of this Court dated 29.8.2006. The writ petition is listed for admission.

3. I proceed to consider the admission of the writ petition.

4. The facts of the case are that the petitioner No. 1 is the owner of the offending vehicle/bus bearing registration No. PB-13E-9775 which she had purchased from petitioner No. 2, on 6.5.2002, causing the accident dated 16.5.2002 resulting into death of one Sri Mahipal Singh. The legal heirs of late Mahipal Singh filed Motor Accident Claim No. 857 of 2002 (Smt. Savitri Devi and others v. Sudha Singh and others) for grant of compensation under section 166 of the Motor Vehicles Act, 1988.

5. After contest the claim was allowed by the Motor Accident Claims Tribunal, Meerut (Special Judge/Anti Corruption) vide judgment and award dated 5.11.2004 awarding compensation of Rs. 1,90,000/- against opposite party No. 2 and 3 in t

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