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2023 Supreme(All) 939

K. J. THAKER
Pathiram – Appellant
Versus
United India Insurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K. Porwal
For the Respondent: Shashi Kant Srivastava

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard R.K. Porwal, learned counsel for the appellant and Sri Shashi Kant Srivastava, learned counsel for respondent and perused the judgment and order impugned.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 16.4.1998 passed by Motor Accident Claims Tribunal/IVth Additional District Judge, Etawah (hereinafter referred to as 'Tribunal') in M.A.C.No.402 of 1995 awarding a sum of Rs.98,000/- with interest at the rate of 12% as compensation.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The vehicle insured with the respondent - insurance company is not in dispute. The respondent has not challenged the liability imposed on them. The only issue to be decided by this Court is, the quantum of compensation awarded.

4. It is submitted by learned counsel for the appellant that the compensation awarded by the Tribunal is on the lower side as the deceased -Ramwati is shown to be wife of appellant who has engaged in the vocation as a labour and agriculturist. The deceased left behind her husband and five children and the tribunal has considered her income to be on

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