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2021 Supreme(All) 1479

K.J.THAKER, VIVEK VARMA
Kumari Anju – Appellant
Versus
Suresh Kumar Sachan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Deepak Singh
For the Respondent: Amaresh Sinha, Saurabh Srivastava

JUDGMENT :

1. Heard Sri Deepak Singh, learned counsel for the appellant, Sri Amaresh Sinha and Sri Saurabh Srivastava, learned counsel for the respondent insurance companies none for owner or driver of truck. perused the judgment and order impugned.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 22.8.2007 passed by Motor Accident Claims Tribunal, Varanasi in M.A.C.P. No.151 of 2004 awarding a sum of Rs.14,08,000/-with interest at the rate of 6% as compensation for death of four family members of the claimants who lost their family members in the fateful accident .

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is in dispute. The respondent has not challenged the liability imposed on them. The issues to be decided are, the quantum of compensation awarded and whether the deduction of 25% for negligence of driver of maruti car could be deducted from the compensation awarded to the heirs of non tort feasor. The legal heirs have lost mother and father and appellant no.4 has lost her son and daughter-in-law and, therefore, even if we consider the matter from the angle of negligence of driver to the tune of 25 % for

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