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2021 Supreme(All) 386

KAUSHAL JAYENDRA THAKER, AJIT SINGH
National Insurance Co. Ltd. – Appellant
Versus
Anuradha Kejriwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kuldip Shanker Amist, Manoj Nigam
For the Respondent: Manoj Nigam, Amit Kumar Sinha, Deepali Srivastava Sinha, Mata Pher, Ram Singh

JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Sri Kuldip Shanker Amist, learned counsel for National Insurance Co. Ltd., Sri Ram Singh, assisted by Sri Amit Kumar Sinha, learned counsel for the claimant-parents, Sri Manoj Nigam, learned counsel for claimant-widow and Sri Mata Pher, learned counsel for the owner of the truck.

2. By way of these appeals, claimants as well as the Insurance Company who has been saddled with liability have felt aggrieved by the award and decree dated 3.3.2017 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.5, Jhansi (hereinafter referred to as ‘Tribunal’) awarding sum of Rs.69,70,500/-as compensation with interest at the rate of 7%.

3. Parties are referred to as claimants as they were arrayed in Tribunal and Insurance Company, owner and driver namely opponents as arrayed in Tribunal.

4. As these are appeals under Motor Vehicles Act, 1988, as per the decision of the Apex Court in UPSRTC Vs. Km. Mamta and others, reported in AIR 2016 SC 948, all the issues/grounds raised in the appeal and contested will have to be considered and decided.

5. The factual data as it emerges from the record is that the claimants are the legal heirs n

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