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2022 Supreme(All) 382

SALIL KUMAR RAI
Shyamu – Appellant
Versus
Rashid Ahmad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Singh, Amrendra Nath Rai
For the Respondent: Ajai Singh

JUDGMENT :

1. This is a claimants’ appeal filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'Act, 1988') against the judgment and order dated 6.3.2010 passed by the Motor Accident Claims Tribunal, Court No. 1, Shahjahanpur (hereinafter referred to as, 'Tribunal') in Motor Accident Claim Petition No. 9 of 2005 (Shyamu & Others Vs. Rashid Ahamad & Others).

2. In view of the office report dated 2.1.2019 service of notice on the defendants-respondents is deemed sufficient. Nobody has appeared for opposite party Nos. 1 and 2. Shri Ajai Singh, Advocate, appeared for opposite party No. 3 and was heard in opposition to the present appeal.

3. The appellants instituted Motor Accident Claim Petition No. 9 of 2005 claiming compensation of Rs. 8,48,000/-from the defendants-opposite parties for death of Smt. Rama Devi. The claim petition was filed in December, 2004. Appellant No. 1 is the husband of Smt. Rama Devi and appellant Nos. 2 to 7 are the sons and daughters of Smt. Rama Devi. Appellant Nos. 2 to 7 were minor at the time of death of Smt. Rama Devi. It

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