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2021 Supreme(All) 1310

K.J.THAKER, SUBHASH CHAND
Sita Rai – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Satya Prakash Pandey, Shashi Kant Shukla.
For the Respondent: Nishant Mehrotra.

JUDGMENT :

1. Heard Sri. Shashi Kant Shukla, learned Advocate assisted by Sri. Satya Prakash Pandey, learned counsel for the appellant and Sri. Nishant Mehrotra, learned counsel for respondent-Insurance Company.

2. By way of this appeal, the claimants have challenged the judgment and award dated 29.7.2013 passed by Motor Accident Claims Tribunal/Special Judge (SC/ST Act) Ghazipur (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 26 of 2011 awarding sum of Rs. 3,26,440/- as compensation to the claimants with interest at the rate of 6%.

3. We have not gone into the factual data except as important for our purpose namely compensation awarded. The accident is not in dispute. The deceased died out of accidental injuries is not in dispute. The Insurance Company has not challenged the liability imposed on them. Hence, the dispute involved in this appeal relates to the correctness in the calculation of compensation payable to the claimants. The details of facts except for deciding compensation are not narrated.

4. It is submitted by learned counsel for the appellants that the Tribuna

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