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2023 Supreme(All) 31

J. J. MUNIR
Oriental Insurance Co. Ltd. – Appellant
Versus
Lokesh alias Lovesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manish Goyal, Amaresh Sinha.
For the Respondents: S.S. Tewari, A.K. Singh, Komal Mehrotra, S.S. Shukla, V.K. Jaiswal, Yogendra Pal Singh.

JUDGMENT :

J.J. MUNIR, J.

1. This judgment will dispose of First Appeal From Order No. 357 of 2001 and Cross Objection No. 70 of 2022.

2. The aforesaid appeal and the cross objection arise out of the impugned judgment and award dated 20.02.2001, passed by the Motor Accident Claims Tribunal/XIII Additional District Judge, Ghaziabad rendered in MACP No. 699 of 1998.

3. The facts giving rise to this appeal are these:

    On 30.09.1998 at about quarter past 3 o’clock in the afternoon, the claimant-respondent (for short ‘the claimant’) was riding his scooter bearing Registration No. UP-14J-1607 and proceeding from Village Chauda to Sector 25, NOIDA, then falling in District Ghaziabad. As the claimant reached near Sectors 21, 25, Truck bearing Registration No. DIG/2615, driven by its driver, rashly, negligently and at a high speed, approached from the side of Sector 31 and hit the claimant’s scooter. In consequence of the accident, the claimant sustained grievous injuries rendering him permanently disabled. At the time the accident happened, the claimant was aged 22 years. He was on the brink

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