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2021 Supreme(All) 914

SUBHASH CHANDRA SHARMA
Karan Singh – Appellant
Versus
Mandaliya Prabandhak National Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.D. Shukla.
For the Respondents: Jitendra Kumar, Mangla Prasad Rai, R.P. Ram, S.M. Upadhyay, Shyam Murari Upadhyay, Smt. Archana Singh, Sudhir Dixit.

JUDGMENT :

SUBHASH CHANDRA SHARMA, J.

1. Heard Shri D.N. Shukla, learned counsel for appellant as well as Ms. Manjima Singh, Advocate holding brief of Ms. Archana Singh, learned counsel for Insurance Company and perused the record.

2. This appeal u/s 173 of the Motor Vehicles Act has been filed by the claimant/appellant challenging the judgment and award dated 08.11.2005 passed by the Additional District Judge/M.A.C.T. Court No. 6, Aligarh by which a sum of Rs. 85,000/- along with 6% interest has been awarded as compensation on account of death of deceased.

3. Facts in brief are that an application under Section 166 Motor Vehicles Act was filed by the claimant/appellant seeking compensation to the tune of Rs. 8,00,000/- with 12% interest alleging that on 15.09.2000, deceased Vivek Kumar Singh son of appellant was traveling by bus bearing no. UP-14B-2331 from Delhi, as it arrived in the limit of police station Gabhana, a truck bearing no. HNV-9465 coming from opposite direction (Aligarh) driven rashly and negligently by its driver collided with the bus in which deceased Vivek Kumar

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