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2022 Supreme(All) 438

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Ompal Singh Sharma – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dinesh Kumar Bhaskar
For the Respondent: Krishna Shanker Chaudhary

JUDGMENT

Ajai Tyagi, J.

1. This appeal has been preferred by the claimants-appellants against the judgment & award dated 30.9.2013 passed by learned Motor Accident Claims Tribunal/District Judge, District Bijnor in Motor Accident Claim Petition No.43 of 2012 (Ompal Singh Sharma and others Vs National Insurance Company Ltd. and others), whereby the learned Tribunal has denied the compensation for the death of Prince Sharma in a road accident, holding the accident to be the result of ‘Act of God’, and awarded Rs.50,000/-under no fault liability under Section 140 of Motor Vehicles Act, 1988 (hereinafter referred to as 'Act, 1988').

2. The claimants-appellants have preferred this appeal for grant of quantum of compensation under Section 166 of Act, 1988.

3. The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for seeking compensation under Motor Vehicles Act, 1988 for the death of Prince Sharma (deceased) who lost his life in a road accident. As per averments made in claim petition, on 30.7.2011, the deceased – Prince Sharm

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