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2023 Supreme(All) 736

AJAY BHANOT
Babunandan – Appellant
Versus
Baggal Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sunil Kumar, Daya Shankar
For the Respondent: Ashok Kumar Srivastava, Pradeep Kumar Sinha

JUDGMENT :

I. INTRODUCTION:

1. The instant appeal arises out of an award made by the learned Motor Accident Claims Tribunal/Additional District Judge, Azamgarh (hereinafter referred to as the “learned tribunal”) in Motor Accident Claim Petition No. 04 of 2022 dated 01.02.2007 by partly allowing the claim of the claimants.

II. Case of the claimants and respondents before the learned tribunal:

2. Briefly the case of the claimants before the learned tribunal was that the deceased died of injuries sustained in an accident which occurred on 02.01.1998, and was caused by the rash and negligent driving of the driver of truck bearing Registration No. UP 52A/2047. The offending vehicle was insured by respondent no. 3-Insurance Company. On the fateful day, the deceased was returning his house from the school when he met with the accident. The claimants are the parents of the deceased Shyam Narayan. The deceased was 18 years of age at the time of his death.

III. Compensation awarded by the learned tribunal:

3. The learned tribunal in the impugned judgement dated 01.02.2007 awarded compen

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