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2021 Supreme(All) 678

KAUSHAL JAYENDRA THAKER, SUBHASH CHAND
Anita – Appellant
Versus
Anuj Gupta – Respondent


Advocates Appeared:
For the Appellant : Nitin Sharma
For the Respondent: Ashish Kumar Singh, S.K.Mehrotra

JUDGMENT :

Subhash Chand, J.

1. Heard Sri Nitin Sharma, learned counsel for the appellant and Sri S.K. Mehrotra, learned counsel for the respondent-Insurance Company. None has appeared for the owner.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 15.12.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.15, Meerut (hereinafter referred to as 'Tribunal') in M.A.C. No. 344 of 2009.

3. Brief facts as culled out from the record are that on 2.11.2008 the deceased along with other villagers was going from village Kaili to Ghaziabad in the car and at about 8.40 in the morning when they reached near village Lakhankat at National Highway 24, a Scorpio bearing No.DL 4 CNB-2772 dashed with the car. As a result of that, all those who were sitting in the car sustained injuries but the deceased had sustained grievous injuries. He was shifted from one hospital to other and ultimately on 3.12.2008, he succumbed to his injuries at Safdarjung Hospital, New Delhi.

4. The deceased was 45 years of age at the time of accident. He was an agriculturist and was having vocation of advocacy and was earning Rs.8,000/-from his each professi

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