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2021 Supreme(All) 685

KAUSHAL JAYENDRA THAKER, SUBHASH CHAND
Oriental Insurance Company Limited – Appellant
Versus
Gitanjali Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arvind Kumar
For the Respondent: Ram Singh, Amit Kumar Sinha, Deepali Srivastava Sinha

JUDGMENT :

Subhash Chand, J.

1. These appeals arise out of same accident and hence decided by this common judgment .

2. F.A.F.O. No. 3288 of 2007 is preferred at the instance of Oriental Insurance Company. The F.A.F.O. No. 3442 of 2007 is preferred at the instance of claimants, who are dissatisfied with the compensation awarded by the Tribunal in impugned award dated 20.08.2007 of Motor Accident Claims Tribunal/Additional District Judge, Court Room No.2, Allahabad in M.A.C.P. No. 564 of 2000 (Smt. Gitanjali Sharma and others Vs. Sant Kumar and others).

3. The brief facts as narrated in the Claim Petition No. 564 of 2000 are that Swami Nath Sharma (deceased) S/o Late Sri Salig Ram Sharma resident of 98/1-H, Himmatganj, Allahabad was traveling along with Vijay Shyam (Ardali) by the Jeep No. UGP/7448, driven by Sri Ramesh Kumar from Pratapgarh to Bhopiamau for government work on 13.02.2000 when at 7.30 PM. a truck bearing no. UP 42B 0251, driven by its driver rashly and negligently was plied ahead of the Jeep and all of sudden the driver stopped the Truck in the middle of the road w

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