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2022 Supreme(All) 1591

J. J. MUNIR
Smt. Vidyawati – Appellant
Versus
India Assurance Co. Ltd. through Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rishi Bhushan Jauhari, Advocate
For the Respondent:Mr. Arvind Kumar, Advocate

JUDGMENT :

1. This is a claimant's appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'), seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal/ th Additional District Judge, Shahjahanpur vide judgment and award dated 26.03.2002 passed in MACP No. 38 of 1999.

2. The claim petition was instituted by the deceased's widow, Smt. Vidyawati with a case that on 31.12.1998 at about 4:30 in the evening hours, Ram Krishna Kushwaha was proceeding on a bicycle from Kanari Bankey after teaching there to the school in Village Thingri, within the local limits of Police Station Alhaganj, District Shahjahanpur. He was a teacher in the primary school at Village Thingri, Tehsil Jalalabad, District Shahjahanpur. He was proceeding on the left hand side of the road. At the fateful moment, a DCM Truck, bearing registration No. DBL-9399, green in colour, approached from the Jalalabad side. It was driven by its driver, Dhain Singh (for short, 'the driver') at a high speed and negligently. The driver proceeded without sounding a horn and struck Ram Kri

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