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2021 Supreme(All) 1481

K. J. THAKER, SUBHASH CHAND
Master Pulkit Gupta – Appellant
Versus
Pushpendra Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nigamendra Shukla
For the Respondent: Manish Kumar Nigam, Santosh Tripathi

JUDGMENT :

1. Heard Sri Nigamendra Shukla for the appellants, Sri Manish Kumar Nigam for Insurance Company and Sri Manviya Tripathi for the owner and driver of the Car.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 25.3.2015 passed by Motor Accident Claims Tribunal/Special Judge (EC Act) Ghaziabad, (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.120 of 2014.

3. Brief facts as culled out from the record are that on 8.1.2014 the deceased along with her husband was travelling by motorcycle, bearing no.UP-16-AH-8708 and when they reached at U-turn near Radission, a Car bearing no.UP-14-BQ-0549 which was being driven rashly and at exorbitant speed dashed the motorcycle from behind due to which both the deceased and her husband suffered multiple injuries. The deceased succumbed to the injuries during treatment on 15.1.2014. The deceased was 32 years of age and was working as IT Analyst in Tata Consultancy Co.

4. The heirs of the deceased instituted a claim petition claiming compensation of Rs.3,20,50,000/-. The Tribunal has considered her income Rs.54,614/-per annum and awarded a sum of Rs.27,85,314/-with interest at the r

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