K.J.THAKER, AJAI TYAGI
Sunita Bansal – Appellant
Versus
Ranjana Gupta – Respondent
JUDGMENT :
Kaushal Jayendra Thaker, Ajai Tyagi, JJ.
1. Heard learned counsel for the appellants and learned counsel for the respondents. Perused the record.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 30.11.2010 passed by Motor Accident Claim Tribunal Agra/Additional District Judge, Court No.4, Agra (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.458 of 2009 awarding a sum of Rs.2,59,000/- with interest at the rate of 6% as compensation.
3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondent concerned has not challenged the liability imposed on them and, therefore, issues decided by the tribunal other then grant of compensation have attained finality. The only issue to be decided is, the quantum of compensation awarded.
4. The brief facts as culled out from the record are that on 25.05.2009 at about 12.00 p.m., deceased Rahul Bansal aged about 20 years along with one Prashant Goyal was going by the Honda Activa Scooter as a pillion rider to his college in a moderate speed on his left side, a truck no.RJ-29/GA-0223 which was being driven ahead of deceased,
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