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2020 Supreme(All) 1419

SUDHIR AGARWAL
National Insurance Co. Ltd. – Appellant
Versus
Manju Shukla – Respondent


Advocates Appeared:
For The Appellant : Kuldip Shanker Amist
For The Respondent: Rakesh Bahadur, Sudhakar Pandey

JUDGMENT :

Sudhir Agarwal, J.

1. First Appeal From Order No. 1020 of 2017 (hereinafterreferred to as “FAFO-1”) has been filed by defendant-Insurance Company under Section 173 of Motor Vehicles Act, 1988 (hereinafterreferred to as “Act, 1988”)challenging judgement and award dated 29.09.2014 passed by Sri Ashwani Kumar Singh, Additional District Judge, Court No. 1, Ballia/ Presiding Officer, Motor Accidents Claims Tribunal, Ballia (hereinafterreferredtoas“Tribunal”)in Motor Accident Claim Petition (hereinafterreferredtoas“MACP”)No. 57 of 2010 awarding compensation of Rs. 72,47,000/-, payable 50 per cent by appellant-Insurance Company, namely, National Insurance Company Limited (hereinafterreferredtoas“Insurer-1”) and remaining 50 per cent by New India Assurance Company Limited (hereinafter referred to as “Insurer-2”) impleaded as respondent-3 in this appeal. Tribunal has also awarded 8 per cent interest on the amount of compensation which is to be computed from 11.06.2010, i.e., the date on which application for compensation was filed, till the date of payment. Respondent-1, who


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