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2021 Supreme(All) 363

KAUSHAL JAYENDRA THAKER, AJIT SINGH
Indrawati Singh – Appellant
Versus
Sarvesh Soni – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shiv Narayan Pandey
For the Respondent: Sushil Kumar Mehrotra

JUDGMENT :

1. Heard Sri Shiv Narayan Pandey, learned counsel for the appellant and Sri S.K. Mehrotra, learned counsel for the Insurance Company namely, TATA AIG General Insurance Company Ltd.

2. This appeal, at the behest of the injured-claimant challenges the award dated 9.4.2019 passed by the Motor Accident Claims Tribunal/Additional District Judge Fast Track Court (New), Chitrakoot (hereinafter referred to as 'Tribunal') in Claim Petition No. 57/70/2018awarding a sum of Rs.7,14,852/-as compensation with an interest at the rate of 7%.

3. The accident is not in dispute. The injured was traveling in a vehicle is also not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondent-Insurance Company has not challenged the liability imposed on them. The only issue which is to be decided is the quantum of compensation awarded.

4.The vehicle was insured with TATA AIG General Insurance on the date of the accident and is not in dispute as TATA AIG General Insurance has accepted the judgement and award passed in Motor Accident Claim Petition no. 57/70/2016decided by Motor Accident Claim Tribunal/Addl. District Judge, FTC (New), Chitrakoot.

5.The only argument r

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