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2023 Supreme(All) 1053

JASPREET SINGH
Pushpa Singh – Appellant
Versus
Manoj Kumar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohd. Saeed
For the Respondent: Anil Kumar Srivastava

JUDGMENT :

1. These are a bunch of three appeals arising out of the award dated 23.01.2014 passed by Motor Accident Claims Tribunal/ Special Judge (Ayodhya Prakaran), Lucknow. Amongst the four initial appeals, Appeal bearing No.441 of 2014 (Smt. Shweta Lamba vs. Manoj Kumar Singh and another) was dismissed on 10.02.2017 on account of default and though an application for recall was moved, but that too was defective, hence, the Court was not inclined to take the matter forward. Consequently, the appeal stood dismissed. Thus, only three appeals bearing First Appeal From Order Nos. 488 of 2014, 439 of 2014 and 442 of 2014 are before this Court for consideration.

2. In order to appreciate the controversy and how the three appeals have evolved, it would be relevant to notice that one Shri Ajit Singh expired in a motor accident on 11.02.2010 while he was driving his Honda City Car bearing no. UP78-AZ-1116. He was travelling along with his family members, however the offending vehicle bearing no. UP32-T-8252, which was being driven rashly and negligently, hit the Honda City as a result

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