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2022 Supreme(All) 1406

New India Assurance Co. Ltd. – Appellant
Versus
Sunita Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kartikeya Saran.
For the Respondents: Amit Kumar Sinha, Deepali Srivastava Sinha, Vishnu Prakash Srivastava.

JUDGMENT :

AJAY BHANOT, J.

(I) INTRODUCTION

1. The two appeals, namely FAFO No. 1327 of 2015 and FAFO No. 1925 of 2015 arise out of an award made by the learned Motor Accident Claims Tribunal/Additional District Judge, Allahabad [hereinafter referred to as the “learned tribunal”] in Motor Accident Claim Petition No. 816 of 2013 dated 24.03.2015. The appeals have been filed by the Insurance Company and the claimants who are dependants of the deceased respectively.

2. The appeal, namely FAFO No. 1824 of 2016 arise out of an award made by the learned Motor Accident Claims Tribunal/Additional District Judge, Allahabad in Motor Accident Claim Petition No. 948 of 2013 dated 17.03.2016 by partly allowing the claim of the injured-claimant. The instant appeal has been filed by the injured-claimant.

3. The above said three appeals arise out of the same accident and are being decided by a common judgment.

(II) Case of the claimants and respondents before the learned tribunal:

4. Briefly the case of the claimants before the learned tribunal was that the deceased Charan Singh died in an accident o

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