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2023 Supreme(All) 248

KAUSHAL JAYENDRA THAKER
Yogendra Nath Upadhya – Appellant
Versus
Sailesh Kr. Singh – Respondent


Advocates Appeared:
For the Appellant : A.K. Pandey
For the Respondent: Kameshwar Singh, Amaresh Sinha, Sushil Kumar Mehrotra

JUDGMENT :

1. Heard Sri A.K.Pandey, learned counsel for the appellants, Sri Sushil Kumar Mehrotra, learned counsel for respondent no. 2/New India Insurance Co. Ltd., and Sri Amresh Sinha, learned counsel for the respondentNo.4/United India Insurance Company.

2. This appeal, at the behest of the claimants, challenges the judgment and order dated 21.8.1995 passed by Motor Accident Claims Tribunal/5th-Additional District Judge, Ballia (hereinafter referred to as 'Tribunal') in M.A.C. No. 2 of 1991.

3. Brief facts as culled out from the record are that on 14.10.1990 at about 3:00 p.m. deceased Thakurji Upadhaya was returning from Ballia to his house in a jeep bearing no. B.H.N. 793, when the jeep reached near Hanuman Chatti at Ballia Sikandarpur marg, a Tractor bearing No. U.R.I. 732 hit the jeep from front. Accident occurred due to joint negligence of jeep and tractor drivers and as a result of which Thakurji Upadhaya died on the spot.

4. The deceased was 60 years of age at the time of accident. He was an agriculturist and was earning Rs.2,000/-p.m. He was survived by his two sons. Th

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