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2022 Supreme(All) 358

K.J.THAKER
New India Assurance Company Ltd. – Appellant
Versus
Laxmi Devi – Respondent


Advocates Appeared:
For the Appellant : Rakesh Bahadur.
For the Respondent: Nigmendra Shukla.

JUDGMENT :

1. Heard Sri Rakesh Bahadur, learned counsel for-New India Assurance Co. Ltd. and Sri Nigamendra Shukla, learned counsel for claimants.

2. Both the New India Assurance Co. Ltd. and claimants have challenged the judgment and order dated 19.05.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Bulandshahar (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 283 of 2005, awarding compensation of Rs.8,02,500/- with interest at the rate of 9%.

3. The accident took place on 13.7.2005 when the deceased along with Vinay Kumar and minor Anjali was going on the scooter, at that point of time, the truck suddenly gave the signal for turning towards right side and that is how the accident occurred in which, the deceased sustained multiple fractures and minor Anjali and Vinay Kumar also sustained injuries. The F.I.R. was lodged at the police station. The post-mortem of the dead body was conducted on 14.7.2005. The deceased was a person of 39 years of age. The respondent-owner of the vehicle contended that the vehicle was not

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