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2022 Supreme(All) 821

J. J. MUNIR
Oriental Insurance Company Ltd. through its Manager – Appellant
Versus
Nirmala Devi Alias Rajpati – Respondent


Advocates Appeared:
For the Appellant : S.C. Gulati
For the Respondent: Mukesh Singh, Asit Srivastava, Mratunjay Singh, Rajesh Kr. Singh, Suresh Chandra Yadava, Taranjeet Singh Makker.

JUDGMENT :

1. This is an Insurance Company's appeal arising out of the judgment and award passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Faizabad dated 19.01.2015, partly allowing the claim petition.

2. The facts giving rise to the appeal are these:

    Dinesh Kumar Yadav along with his friends, Ajay Kumar and Shekhar went over to Allahabad (now Prayagraj) on the Mauni Amawasya (Kumbh Mela). He was returning home after taking a holy dip in the intervening night of 10/11.02.2013 on board his friend's Bolero SUV bearing Registration No. UP-32EP-6819. The vehicle was proceeding on the Allahabad-Lucknow National Highway. As the SUV reached Village Pahuranwa within the local limits of Police Station Bachhranwa, District Raebareli on the highway, a truck bearing Registration No. UP-33T-2516, that was moving ahead of the Bolero, without signalling to stop, was suddenly and negligently halted by its driver, causing the SUV, wherein Dinesh Kumar Yadav and his friends were travelling, to lose control and hit the truck on its rear side. In consequence of the accident, Dinesh Kumar Yadav sustained injuries and died on the spot. His friends, Ajay and Shekhar, besi

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