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2022 Supreme(All) 433

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Sheela Devi – Appellant
Versus
Sumit Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shreesh Srivastava
For the Respondent: Arvind Kumar

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Shreesh Srivastava, learned counsel for the appellant, Sri Arvind Kumar, learned counsel for the respondent, none appears for the owner and perused the judgment and order impugned.

2. This appeal, at the behest of the claimants, challenges the judgment/award dated 30.3.2021 and the decree dated 3.4.2021 passed by Motor Accident Claims Tribunal/ Presiding Officer , Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.No.1014 of 2016 awarding a sum of Rs.19,77,831/-with interest at the rate of 7% as compensation.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is in dispute. The respondent has not challenged the liability imposed on them. The issues to be decided by this Court are, the quantum of compensation awarded and negligence.

4. Brief facts of the present case are that on 7.5.2016 at about 2:30 p.m, near village Gopalpur, one Magic loader vehicle bearing number U.P.-71 B-9992 was coming from Kanpur side suddenly dashed Gyan Prakash @ Gyan Prakash Uttam who driving his own car on correct side and was plying the vehicle forwards Kanpur from Jahanabad in district Fatehpur. He received sever

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