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2023 Supreme(All) 1068

KAUSHAL JAYENDRA THAKER
U. P. S. R. T. C. – Appellant
Versus
Sushma Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Samir Sharma(Senior Adv.), Dinkar Mani Tripathi
For the Respondent: Daya Shankar Prasad Singh, Ram Niwas Singh, V.K. Chandel

JUDGMENT :

1. By way of this appeal, the U.P.S.R.T.C. has challenged the judgment and decree dated 5.2.1999 passed by Motor Accident Claims Tribunal/ VII-Additional District Judge, Jaunpur (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No.9 of 1986 (Smt.Sushma Singh and others vs. UP State Road Transport Corporation) awarding sum of Rs.3,26,400/-as compensation to the claimants with interest at the rate of 10% per annum from the date of filing the claim petition.

2. Heard Mr.Dinkar Mani Tripathi, learned counsel for the U.P.S.R.T.C. and Mr.V.K. Chandel, learned counsel for the claimant-respondent No.1.

3. The brief facts of the case are that claimants filed Motor Accident Claim Petition before the Tribunal for claiming the compensation under Motor Vehicles Act, 1988 for the death of Harish Mohan Singh in a road accident with the averments that on 15.10.1995 at about 6.45 p.m., after discharging his duty, the deceased was going home, a bus of corporation bearing No.UTQ-4151 hit the deceased. In this accident, deceased sustained very serious injuries and died on the spot. The T

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