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2022 Supreme(All) 1007

J. J. MUNIR
New India Assurance Co. Ltd. – Appellant
Versus
Lajjawati – Respondent


Advocates Appeared:
For the Appellant : Rahul Sahai.
For the Respondent: Kamini Pandey, Anand Pandey.

JUDGMENT :

This is an appeal by the Insurance Company, challenging an award of the Motor Accident Claims Tribunal/ the Additional District Judge, Court No.9, Mathura dated 09.01.2014, awarding compensation to the claimant-respondents, on account of a fatal motor accident, where one Heera Singh Chaudhary lost his life.

2. The facts giving rise to this appeal are thus:

According to the claimant-respondents, who are respondent nos.1 to 5 to this appeal and shall hereinafter be called 'the claimants', Heera Singh Chaudhary was a Junior Engineer with the Department of Irrigation, Government of U.P. posted at Etah. On 04.09.2011 for the purpose of tail-feed work, he was supervising the removal of shrubs, garbage etc., blocking water passage under the culvert, situate at the Khitauli Turn on the Amapur-Sahwar Road, Etah. At about 2:30 p.m., a truck bearing Registration No. UP-80F-9381, driven negligently and at a high speed, approached from the Etah side. It hit Heera Singh Chaudhary and ran him over. In consequence, Heera Singh Chaudhary sustained grievous injuries and was conveyed for

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