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2021 Supreme(All) 1309

K.J.THAKER, AJAI TYAGI
Usha – Appellant
Versus
U. P. S. R. T. C. Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Alok Kumar Singh.
For the Respondent: Ramanuj Pandey.

JUDGMENT :

AJAI TYAGI, J.

1. By way of this appeal, the claimants have challenged the judgment and order dated 03.05.2016 passed by Motor Accident Claims Tribunal/Additional District and Sessions Judge, Court No. 11, Ghaziabad (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 111 of 2015 awarding sum of Rs. 3,08,000/- as compensation to the claimants with interest at the rate of 7% per annum.

2. Heard Mr. Alok Kumar Singh, learned counsel for the appellants and Mr. Ramanuj Pandey, learned counsel for the respondents. Perused the record.

3. The accident is not in dispute. The Uttar Pradesh State Road Transport Corporation (in short “U.P.S.R.T.C.”) has not challenged the liability fastened on it. In this case, Tribunal has fixed 20% contributory negligence of the deceased.

4. The claimants-appellants filed Motor Accident Claim Petition against the U.P.S.R.T.C. with the facts that on 17.01.2012 deceased Devkidas was going to his work place at 6:30 AM. When he crossed by-pass road and reached the other side, a U.P.S.R.T.C. bus came from the side of Delhi bearing No. UP-84F-9208, w

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