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2022 Supreme(All) 197

K.J.THAKER, AJAI TYAGI
Anisa Begum mother of Deceased – Appellant
Versus
Oriental Insurance Company Ltd. Thru B. M. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arun Kumar Tripathi, Ashfaq Husain, Tahir Husain
For the Respondent: D.M.Tripathi, Aarushi Khare, Arun Kumar Shukla, Sudip Ojha

JUDGMENT :

1. Heard Tahir Husain, learned counsel for the appellant, Sri Sudip Ojha, learned counsel for respondent no. 1 and Sri A. K. Shukla, learned counsel for respondent no.3.

2. This appeal, at the behest of the claimants, challenges the award and decree dated 07.02.20007 passed by M.A.C.T/Additional District Judge, Court No. 3, Farrukhabad (hereinafter referred to as “Tribunal”) in M.A.C.P. No. 135 of 2005 awarding a sum of Rs. 2,55,000/- as compensation with interest at the rate of 6%.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondent-Insurance Company has not challenged the liability imposed on them. The only issue to be decided is, the quantum of compensation awarded.

4. Brief facts as culled out from the record are that on 14.05.205 at about 2:00 p.m Rizwan Hussain Farooqui was coming from Bholepur to Fatehgarh on his own motor-cycle bearing registration no. U.P. 76D/2833 and was accompanied by his friend Amir Ali @ Montu. He was driving his motor-cycle cautiously at a constant speed. When he reached Fate

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