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2021 Supreme(All) 1603

RAVI NATH TILHARI
New India Assurance Company Ltd. – Appellant
Versus
Renu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Zafar Aziz, Paritosh Sharma.
For the Respondents: Deshdeepak Bajpai, Ravindra Pratap Singh.

JUDGMENT :

RAVI NATH TILHARI, J.

1. Heard Sri Zafar Aziz, learned counsel for the appellant and Sri Ravindra Pratap Singh, learned counsel for claimant-respondent Nos. 1 to 8.

2. As per service report dated 07.05.2019, service upon respondent No. 9 is sufficient, but nobody appears on her behalf.

3. This appeal has been filed by the New India Assurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act, 1988”) challenging the judgment and award dated 31.07.2018 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 05, Barabanki (in short "the Tribunal") in Claim Petition No. 29/2013 in Re Smt. Renu and others Vs. Smt. Meena Dixit.

4. The claimant-respondent Nos. 1 to 8 filed claim petition, claiming compensation against the owner of the offending vehicle/opposite party No. 9 and the Insurance Company-the appellant, on account of death of Ayodhya Prasad Yadav, their predecessor, in the accident dated 05.10.2012 caused on account of rash and negligent driving of the offending vehicle Maruti Car No. U.P.32-CQ-0456.

5. After contest, the Tribunal vide judgment and award dated 31.07.2018 allowed the claim petition and awarded compe

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