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2021 Supreme(All) 384

KAUSHAL JAYENDRA THAKER, AJIT SINGH
Rashmi Jain – Appellant
Versus
Seema Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vidya Kant Shukla
For the Respondent: Mansoor Ahmad, Pranjal Mehrotra, Ram Shiromani Yadav

JUDGMENT :

1. Heard learned counsel for the parties and perused the record.

2. This appeal has been preferred against the Judgment and award dated 30.7.2014 passed by the Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as ‘the MACT’) in Motor Accident Claim Petition No. 252 of 2011 filed by Smt. Rashmi Jain and another for enhancement of the quantum of compensation.

3. Brief facts as culled out from the record are that deceased with others was travelling in Spark Car bearing registration No. HR 01 AA 3660. Kumari Malini Jain (deceased) along with Rohit, his wife Shivani and son Shubham was going to Nazibabad from Delhi on 2.10.2010 when on the way, at about 10 a.m., driver of car bearing registration No. U.P. 20 W 7481 driving his vehicle rashly and negligently dashed with their car from the front as a result of which all the persons received severe injuries. All were rushed to Puja Hospital Nazibabad where they were told to get them treated in a better equipped hospital. The patients were taken to Meerut Hospital. Malini Jain succumbed to injuries on the way to Meerut. In the accident, Rohit sustained fracture in right leg, Shivani sustained fracture in left leg

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