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2022 Supreme(All) 356

K. J. THAKER, AJAI TYAGI
Uttar Pradesh Rajya Sadak Parivahan Nigam – Appellant
Versus
Anamika Deo (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dharmendra Dhar Dubey, Awadhesh Kumar Saxena.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Awadhesh Kumar Saxena, learned counsel for the appellant and perused the record. None is present for the respondents who are deemed to be served.

2. This appeal, at the behest of Uttar Pradesh Rajya Sadak Parivahan Nigam, challenges the judgment and award dated 16.01.2021 passed by Motor Accident Claims Tribunal, Bareilly (hereinafter referred to as 'Tribunal') in M.A.C. P. No. 776 of 2014.

3. Claimants are the legal heirs of the deceased-Brahmdev Gupta. He was driving his Car from Bareilly to Badaun and when he reached village-Kheda, Tehshil Aonla, the bus of U.P.S.R.T.C. bearing No. U.P. 25 AT/1037, which was being driven rashly and negligently by its driver, dashed with the car which was being driven by deceased-Brahmdev Gupta, though the deceased tried to save himself and bring the car to its left side namely on pathway. Before the deceased could be taken to the hospital, he breathed his last. He was 56 years of age, was working in Jila Yuva Samanwaya Nehru Yuva Kendra Sangthan, U.P. and Uttrakhand and was earning Rs.95,960/- per month. The legal heirs were dependent on him and, therefore, have claimed sum of Rs.1,80,00,000/- with

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