Radhey Shyam vs Qamar Uddin - 2023 Supreme(All) 241

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 241

KAUSHAL JAYENDRA THAKER
Radhey Shyam – Appellant
Versus
Qamar Uddin – Respondent

Advocates Appeared:
For the Appellant : Madhav Jain

JUDGMENT :

1. By way of this appeal, the appellant has challenged the judgment and order dated 30.11.1995 passed by Motor Accident Claims Tribunal / 1st Additional District Judge, Firozabad (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 38 of 1992 (Radhey Shyam and others Vs. Qamar Uddin and others) awarding a sum of Rs.4,34,000/-as compensation to the claimants/appellants with interest at the rate of 12% per annum from the date of filing the claim petition.

2. Heard Mr. Madhav Jain, learned counsel for the appellant. This appeal is of the year 1994, the National Insurance Co. Ltd./respondent has chosen not to appear in this case. This Court has no other option but to conduct the matter ex parte.

3. The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for claiming the compensation under Motor Vehicles Act, 1988 for the death of Rakesh Gupta in a road accident with the averments that on 13.9.1991, Rakesh Gupta-deceased was going towards railway station by his scooter, at that time bus bearing no. 81/1027 was co