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2022 Supreme(All) 1407

AJAY BHANOT
U. P. S. R. T. C. – Appellant
Versus
Nirmala Kanaujia @ Nirmala Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.K. Mishra.
For the Respondents: Deepali Srivastava, Amit K. Sinha.

JUDGMENT :

AJAY BHANOT, J.

(I) INTRODUCTION:

1. These two appeals arise out of the same accident and an award made by the learned Motor Accident Claims Tribunal/ Additional District Judge, Court No. 8, Allahabad on 31.05.2014, in M.A.C.P. No. 770 of 2011 (Smt. Nirmala Kanaujia @ Nirmala Devi and Others vs. U.P.S.R.T.C.).

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

2. Briefly the case of the claimants before the learned tribunal was that the deceased died of injuries sustained in an accident which occurred on 04.06.2011, and was caused by the rash and negligent driving of the driver of the UPSRTC Bus No. UP-70-AT-6658. The deceased was driving a motorcycle on the G.T. Road, Hatwa Crossing, Kaushambi when the offending bus collided with the motorcyle. The deceased was 36 years of age the time of the accident. The claimants were dependant on the deceased. The UPSRTC resisted the claim by filing a written statement. Both parties adduced evidence in the trial.

(III) Compensation awarded by the learned tribunal:

3. The learned tribunal in the impugned judgment da

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