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2022 Supreme(All) 1509

J. J. MUNIR
Rajesh Kumar – Appellant
Versus
Nanhakai – Respondent


Advocates Appeared:
For the Appellant : Ashish Verma, Rajesh Kumar Shukla and Shakeel Ahmad Ansari.
For the Respondents: Rajesh Trivedi and Subhash Chandra Gulati.

JUDGMENT :

[J.J. Munir, J.]

1. This is an owner's appeal, arising out of a judgment and award passed by the Motor Accident Claims Tribunal, awarding compensation to the claimants, but relieving the insurers of their liability.

2. The accident giving rise to this claim happened on 3.7.2009 at about 12:00 noon within the local limits of Police Station Mohanlalganj. The deceased, Ram Kumar alias Kunware was proceeding on a bicycle alongwith his daughter. As he reached the Dahiar Turn, a motorcycle bearing Registration No. UP-32CQ-7136 proceeded from the side of Mohanlalganj, which was driven at a high speed and negligently. It hit Ram Kumar, leading to grievous injuries. He was rushed to the Government Hospital, Mohanlalganj, but before any aid could be extended, he passed away. The claimants are six in number. Smt. Nanhakai is the deceased's widow, whereas Rupesh, Dileep and Sandeep are his sons. Km. Mamta and Km. Renu are the deceased's daughters. When the cause of action arose, out of the five children of the deceased, Rupesh alone was a major, aged 20 years. Dileep was aged 17 years, whereas Sandeep, 15. Km. Mamta and Km. Renu were aged 12 years and 8 years respectively. All the si

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