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2021 Supreme(All) 664

KAUSHAL JAYENDRA THAKER, SUBHASH CHAND
Shashibala – Appellant
Versus
Jogindra Singh – Respondent


Advocates Appeared:
For the Appellant : J.B. Singh, Sudhanshu Pandey, Vageesh Pandey.
For the Respondent: Pradeep Kumar Sinha.

JUDGMENT :

1. Heard Shri Sudhanshu Pandey, learned counsel for the appellants and Sri Pradeep Kumar Sinha, learned counsel for the respondent-insurance company.

2. This appeal, at the behest of the claimants, challenges the judgment dated 22.07.2017 passed by M.A.C.T./Additional District Judge/Fast Track Court-I, Gautam Budh Nagar (hereinafter referred to as 'Tribunal') in Claim Petition No.226 of 2013 awarding a sum of Rs.1,25,000/- with interest at the rate of 7% as compensation.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is in dispute. The respondent concerned has not challenged the liability imposed on them. The issues to be decided are the quantum of compensation awarded and whether deceased was also negligent in causing the accident.

4. The claimants are the legal heirs of the deceased who died in the fateful vehicular accident which occurred on 15.7.2013 when the deceased Ajab Sigh at about 9.30 in the night was going on Motorcycle No. HR 29 Q 2011 and was returning to home (Faridabad), and when he reached near Galgotiya University,

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