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2021 Supreme(All) 672

KAUSHAL JAYENDRA THAKER, SUBHASH CHAND
Neelam Gupta – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Ankur Mehrotra.
For the Respondent: Amit Singh.

JUDGMENT :

1. Heard Shri Ankur Mehrotra, learned counsel for the appellants and Sri Amit Singh, learned counsel for the respondent-insurance company.

2. This appeal, at the behest of the claimants, challenges the judgment dated 03.01.2020 passed by Presiding Officer Motor Accident Claims Tribunal, Ghaziabad (hereinafter referred to as 'Tribunal') in Claim Petition No.464 of 2010 awarding a sum of Rs.27,19,838/- with interest at the rate of 7% as compensation.

3. The accident is not in dispute. The respondents concerned have 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. The deceased along with the claimants were going for worshipping at the temple of Kaila Devi on the fateful day i.e. 7.7.2010 when the deceased who was driving the Maruti Wagon R No UP 14 R 5355 was driving the vehicle on its correct side at about 11 hours when the vehicle reached Village Bada Gaon, Vehicle No.RJ 34 G 0950 being driven on wrong-side rashly and negligently dashed with th

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