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2021 Supreme(All) 1314

SAURABH LAVANIA
Dayal – Appellant
Versus
Sanjeev Batra – Respondent


Advocates Appeared:
For the Appellant : Balendu Shekhar, Prakash Chandra.
For the Respondent: Vashu Deo Mishra.

JUDGMENT :

1. Heard Sri Prakash Chandra, learned counsel for the appellants and Sri Vashu Deo Mishra, learned counsel for the respondents.

2. The present appeal has been filed for enhancement of compensation awarded by Motor Accident Claims Tribunal (in short "Tribunal"), vide judgment and order dated 22.10.2014 passed in Claim Petition No.134 of 2013 (Dayal and Others Vs. Sanjeev Batra and Others).

3. Facts, in brief, as pleaded in claim petition before the Tribunal, are that the deceased Heera Lal, who was 20 years old at the time of accident, on 07.03.2013 at about 06:30 AM while he was waiting for some vehicle to reach Lucknow at a place which is situated at Lucknow-Raebareli National Highway near village Mastipur, P.S.-Nigoha, Lucknow, was hit by Vehicle Tata Ace bearing Registration No. UP-32 CZ-5364 and he succumbed to the injuries sustained in the accident and the driver of the Tata Ace was driving it rash and negligently, are not in dispute. The plea that the deceased was earning Rs.5,000/-per month was not accepted by the Tribunal. The Tribunal, on the basis of notional

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