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2022 Supreme(All) 440

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Deepak Sharma – Appellant
Versus
Jitendra Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jagdish Prasad Tripathi, A.D. Saunders
For the Respondent:Ankur Tondon

JUDGMENT :

Ajai Tyagi, J.

1. This appeal challenges the judgment and order of MACT/Special Judge E.C. Act, Meerut dated 13.10.2015 in MACP No.1276 of 2012 (Deepak Sharma Vs. Jitendra Singh and others), by which the claim petition filed by appellant was dismissed.

2. Heard learned counsel for the appellant and learned counsel appearing on behalf of respondents.

3. Brief facts of the case are that a claim petition was filed by appellant before the learned Tribunal on account of death of father of the appellant Brahm Swarup Sharma in a road accident. As per averments in the petition, on 05.08.2012 at about 3:00 pm, the deceased was going from Meerut to Sardhna by his motorcycle bearing No.UP 15 Q 5760. When he reached by pass road Khirwa crossing, a car bearing No.DL 7 CC 2323 which was coming from the side of Haridwar and was being driven rashly and negligently by its driver dashed into the motorcycle of the deceased. In this accident, the deceased sustained fatal injuries and died. The age of the deceased was 58 years. The deceased was serving in Custom and Central Excise Department

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