J.J.MUNIR
Angad Tiwari – Appellant
Versus
National Insurance Co. Ltd. through its Branch Manager – Respondent
JUDGMENT :
1. This is a claimants’ appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) seeking enhancement of the award made by the Motor Accident Claims Tribunal (for short, ‘the Tribunal’).
2. The facts giving rise to this appeal are these :
On 28.03.2012 at about 02:30 p.m., one Rahul Tiwari was on board a Vikram tempo bearing Registration No. UP-42AT-2014 owned by his father, Angad Tiwari. He was proceeding on board the said vehicle along with some of his friends in a funeral procession from Gonda to Ayodhya. The tempo was moving on the left side of the road towards Ayodhya. As the vehicle reached near village Balapur on the Nawabganj-Katra Road within the local limts of P.S. Nawabganj, District Gonda, Rahul Tiwari met some relatives of his. The tempo was parked on the left hand side of the road and Rahul Tiwari was engaged in a conversation with the relatives. Suddenly, a tanker bearing Registration No. HR38K/0913 came on from the Nawabganj side driven recklessly at a high speed. The tanker hit the tempo and those standing around it, leading to Rah
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