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2021 Supreme(All) 1000

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Anil Kumar – Appellant
Versus
Mohammad Aarif – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Santsoh Kumar Singh

JUDGMENT :

Ajai Tyagi, J.

1. This appeal has been preferred by the claimants-appellants against the judgment and order dated 22.09.2010 passed by Motor Accident Claims Tribunal, Muzaffarnagar (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 327 of 2009 (Anil Kumar and others Vs. Mohammad Aarif and others), whereby the learned Tribunal awarded a sum of Rs.77,000/-as compensation to the claimants with interest at the rate of 8% per annum from the date of judgment and order.

2. The claimants-appellants have preferred this appeal for enhancement of quantum.

3. The brief facts of the case are that a claim petition was filed before the learned Tribunal by the claimants-appellants with the averments that on 06.02.2009 deceased-Upendra Kumar was going to school from his home at about 8:45 AM, when he was going through Bilari-Moradabad road then a truck bearing No.U.P. 21 N 6454 came on the way, which was being driven very rashly and negligently by its driver and truck hit the deceased. In this accident, deceased sustained fatal injuries and he died on the spot. Respondents filed their respective written statements. Learned Tribunal after considering the evidence on record, awarded Rs.77

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