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2022 Supreme(All) 845

K.J.THAKER, AJIT SINGH
Pooja Tiwari – Appellant
Versus
Union of India Thru Secry. Defence – Respondent


Advocates Appeared:
For the Appellant : Vidya Kant Shukla
For the Respondent: Raj Kumari Devi

JUDGMENT :

1. Heard Sri Vidya Kant Shukla for the appellants and Ms. Raj Kumari Devi for the respondents.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 31.03.2016 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.17, Kanpur Nagar hereinafter referred to as 'Tribunal') in M.A.C.P. No. 624 of 2007 awarding a sum of Rs. 9,48,023/- with interest at the rate of 7% as compensation.

3. Brief facts are that on the fateful date i.e. 8.8.2006 at about 9:40 a.m. the deceased was going to join his duties by Scooter, bearing no.UP78Z-4094, and when he reached near Golghar traffic point, Bahad, district Abardin, Andaman (Port Blair), a Army Truck, bearing no.03-D- 152105-M came and dashed with the scooter of the deceased which caused grievous injuries causing death. He succumbed to injuries on the very same day in the hospital.

4. The accident is not in dispute. The claimants have challenged the award on two counts namely negligence and quantum of compensation.

5. Leaned Counsel for the appellant has relied on the decisions in Dinesh Kumar J. @ Dinesh J Vs. National Insurance Company Limited and others, 2018 (1) TAC 337 (SC) an

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