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2020 Supreme(All) 1432

RAKESH SRIVASTAVA
Shail Kumari – Appellant
Versus
New India General Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mukesh Singh
For the Respondent: Ashok Kumar Rai, Ashok Mehrotra, Chandra Shekhar Singh Yad, Rakesh K. Tripathi

JUDGMENT :

1. The claimants-appellants have filed this appeal against the judgment and award dated 17.08.2017 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 1, Faizabad in Motor Accident Claim Case No. 147 of 2016 (Smt. Shail Kumari & Ors. v. The New India Insurance Co. Ltd. & Ors.) seeking enhancement of compensation.

2. On 10.04.2016, at 04.00 a.m. in the morning, a mini truck bearing registration No. UP 14AJ 1765 dashed against the truck bearing registration no. UP 78T 1031 near Prakash Hospital in village Tenua, Police Station Haraiya, District Basti. As a result of the said accident, Ram Jit Yadav and Sanjiv Kumar Srivastava died on the spot. The deceased, Sanjiv Kumar Srivastava, was the husband of the appellant no. 1 and father of appellant no. 2 and son of appellant nos. 3 and 4 herein. The claimants-appellants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short the ‘Act’) against New India Insurance Company Limited, respondent no. 1, the insurer of the offending truck No. UP 78 T 1031, Yatish Kumar Singh and Vishwanath, the owner and driver of the offending truck, and Iffco Tokio General Insurance Company Lt

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