K. J. THAKER
Natioanal Insurance Co. Ltd. – Appellant
Versus
Wasimunnisha – Respondent
JUDGMENT :
1. This First Appeal From Order is preferred by the appellant-Insurance Company challenging the award dated 27.5.1993, passed by the Motor Accident Claims Tribunal/Additional District Judge, Banda (herein after referred to as ‘Tribunal’) in M.A.C.P. No.102 of 1989 (Smt.Wasimunnishan and others vs. Battu Ram and another) awarding a sum of Rs.2,94,400/- as compensation to the claimants with interest at the rate of 10% per annum from the date of filing of the petition. The claimants have also filed cross-objection for enhancement of compensation.
2. The brief facts of the case are that aforesaid claim petition was filed before learned Tribunal with the averments that on 2.3.1989 at about 7:00 pm the deceased Mohammad Anwar was going from Pangara to Naraini. In front of the Naraini Dak Bunglow, a tractor bearing No.URE-9674 was also going towards Naraini, which was laiden with iron bars and other agricultural implements on the trolley and the iron bars were protruding outside from the trolley on the back side. There was no red flag or any other cloth for warning nor there
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