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2022 Supreme(All) 566

K. J. THAKER, AJAI TYAGI
Renu Devi – Appellant
Versus
Gufran Ahmad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pranab Kumar Ganguli
For the Respondent: Pradeep Kumar Tiwari,Pranjal Mehrotra

JUDGMENT :

Ajai Tyagi, J.

1. Heard learned counsel for the appellants and learned counsel for the respondents. Perused the record.

2. This appeal has been preferred by appellants/claimants against the judgment and order dated 03.02.2016 passed by Motor Accident Claims Tribunal Chandauli/Additional District Judge, Court No.1, Chandauli (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.107 of 2013, Smt. Renu Devi and others v. Gufran Ahmad and others by which the claim petition of appellants was rejected by learned tribunal.

3. The incident having taken place is not in dispute. The dispute is whether said incident is covered under Sections, 165, 166 and 168 of the Motor Vehicles Act, 1988 (in short M.V. Act) or is a murder, the legal representatives of deceased whether are entitled to any compensation under M.V. Act is the crux of the litigation.

4. The brief facts as culled out from the record are that on 31.5.2013 at about 01.45 a.m. (night), deceased Ashok Kumar Yadav, who was constable in U.P Police Department, was on duty with S.H.O. and other police personnels and were in Government Jeep No.UP 66 G 0072, near Madho Singh Toll Plaza within the jurisdiction o

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