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2020 Supreme(All) 1431

RAKESH SRIVASTAVA
Jaishunisha – Appellant
Versus
Pawan Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Satyendra Srivastava
For the Respondent: Atul Mishra, Surya Prakash Singh

JUDGMENT :

1. The claimants in a motor accident claim have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the ‘Act’) against the judgment dated 30.04.2015 and award dated 13.05.2015 passed by the Motor Accident Claims Tribunal/District Judge, Faizabad in Claim Petition No.165 of 2013 (Jaishunisha and another v. Pawan Kumar and others) seeking increase in compensation.

2. On 02.09.2012, at about 9.30 a.m., a pickup van bearing registration no. UP 42 T 5256 belonging to Pawan Kumar, respondent no.1, and driven by Sanjay Kumar, respondent no.3, in a rash and negligent manner, came from behind and dashed against a motor cycle bearing no. UP 42 S 3262, which was parked on the extreme left side of the road near Tiny Tots school at Lucknow -Faizabad National Highway No.28. As a result of the said accident Mehtab Ahmad, the son of the appellants, who was sitting on the back seat of the said motor cycle, suffered grievous injuries. He was taken to District Hospital, Faizabad from where he was referred to Lucknow for better treatment where he was treated u

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