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2022 Supreme(All) 434

J. J. MUNIR
Bhagwandas – Appellant
Versus
Rammi Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Surendra Pal
For the Respondent: Ravinath Tiwari

JUDGMENT :

J.J. Munir, J.

1. This is an appeal by the driver and the owner, arising out of an award dated 22.02.2021 passed by Mr. Rakesh Dhar Dubey, Presiding Officer, Motor Accident Claims Tribunal, Pilibhit, allowing Motor Accident Claims Petition No.35 of 2016 and ordering payment of compensation to the claimant-respondents.

2. The facts giving rise to the motor accident claims are these:

On 13th November, 2015, according to the claimants, at about 5:00 o'clock in the evening, the deceased Prem Chand, along with his wife, Rammi Devi, was proceeding on bicycle from his in-laws' place, located in Dehgala, to Village Jagpura in the District of Pilibhit. Following him on a bicycle was his younger brother Bheemsen. Suddenly, a tempo bearing Registration No.UP-26T-0479 appeared from the opposite direction. It was driven at a high speed and negligently by its driver, Bhagwandas. The tempo hit the deceased's bicycle head on. The collision caused the deceased Prem Chand and Rammi Devi to sustain grievous injuries. The accident was witnessed by the deceased's brother and other natives of the village, to name a few, Ram Charan and Puttu Lal. The deceased's condition being serious, he was refe

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