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2021 Supreme(All) 1580

K.J.THAKER, VIVEK VARMA
Poonam Devi – Appellant
Versus
Manager, United India Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shrawan Kumar Ojha
For the Respondent: Sudhanshu Pandey, Mohan Srivastava, Ruchi Mishra, Satya Deo Ojha

JUDGMENT :

Vivek Varma, J.

1. Heard Sri S.D. Ojha, learned counsel for the appellants, Sri Mohan Srivastava, learned counsel for respondent no. 1 i.e. Insurance Company, and Sri Sudhanshu Pandey, learned counsel for respondent no. 3 i.e. driver of the vehicle.

2. The present first appeal from order has been preferred by the claimants-appellants against the judgment and order dated 20.03.2018 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 3, Ballia (hereinafter referred to as the “Tribunal”) in Motor Accident Claim Petition No. 56 of 2016 (Smt. Poonam Devi and others v. Prabandhak, United India Insurance Co. and others), whereby the claim petition has been rejected.

3. It is the case of the appellants that on 10.03.2016 Sri Suraj Pratap Singh (deceased) was travelling from Azamgarh to Lucknow by Scorpio Jeep, bearing Registration No. UP60 X 2715 (hereinafter referred to as the “vehicle”), along with respondent nos. 2 and 3 and two others. The respondent no. 3-Sri Gajendra Bahadur Singh was driving the vehicle. All of a sudden a Neelgai appeared on the road. While trying to save the Neelgai, the car collided against the divider and all the passengers i

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