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2023 Supreme(All) 773

J. J. MUNIR
Arun Kumar Dwivedi – Appellant
Versus
Bharat Bhushan Khanna – Respondent


Advocates Appeared:
For the Appellant : Arun Kumar Mishra, Vidya Kant Shukla.
For the Respondent: Saurabh Srivastava.

JUDGMENT :

This is a claimants appeal arising out of a judgment and award passed by the learned District Judge/ Motor Accident Claims Tribunal, Kanpur Nagar dated 29.08.2005 passed in M.A.C.P. No. 103 of 2005, seeking enhancement of the compensation awarded.

2. The claimants-appellants are the claimant-petitioners of M.A.C.P. No. 103 of 2005 instituted before the Tribunal seeking compensation on account of the death of their son in a motor accident. The claimants-appellants are the father and mother of the deceased and shall hereinafter be referred to as the “claimants.”

3. The claimants’ case briefly put is this:

Mohit Dwivedi was a student of Class XI at Woodbine Gardenia School, situate at G.T. Road, Kalyanpur, Kanpur Nagar. On November, the 9th, 2004, after attending school, he was proceeding to attend his coaching classes near Gurudev Palace, Kakadev by a Scooter, bearing Registration No. UP-78AM-9142. The aforesaid scooter was owned by the deceased’s father, Arun Kumar Dwivedi, one of the claimants. At about 01:45 in the afternoon as Mohit reached a place facing Dalhan Anusan

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