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2023 Supreme(All) 901

J. J. MUNIR
Urmila Chaturvedi – Appellant
Versus
Ismil Khan – Respondent


Advocates Appeared:
For the Appellant : M.P. Sarraf, Gulrez Khan, Kartikeya Saran, Pervez Husain Khan, Satish Chandra Dubey.
For the Respondent: Jyotsna Srivastava.

JUDGMENT :

1. This is a claimants' appeal under Section 173 of the Motor Vehicle Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jhansi in the case of a fatal motor accident.

2. The claim petition, being M.A.C.P. No.315 of 2000, was instituted by Smt. Urmila Chaturvedi, widow of the late S.K. Chaturvedi and Raj Kumar Chaturvedi, son of the late S.K. Chaturvedi, seeking compensation on account of the demise of Sanjay Chaturvedi, who died in a road accident in the night intervening 25/26.07.2000. Smt. Urmila Chaturvedi is the deceased's mother whereas Raj Kumar Chaturvedi is his brother. Smt. Urmila Chaturvedi was arrayed as claimant-petitioner No.1 before the Tribunal and is appellant No.1 before this Court. Raj Kumar Chaturvedi was claimant-petitioner No.2 before the Tribunal and is appellant No.2 before this Court. Smt. Urmila Chaturvedi and Raj Kumar Chaturvedi shall hereinafter be referred to as 'the claimants', unless the context requires a different or individual reference.

3. According to the claimants, in the intervening night 2

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