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2019 Supreme(All) 2834

K. J. THAKER
United India Insurance Company Limited – Appellant
Versus
Raja Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.K.Srivastava
For the Respondent: P.K. Sharma, S.K. Chaturvedi

JUDGMENT :

1. Heard learned counsel for the parties and perused the judgment and order impugned.

2. This appeal, at the behest of United India Insurance Company Limited, challenges the judgment and order dated 9.2.1999 passed by Motor Accident Claims Tribunal/IV Additional District and Sessions Judge, Jhansi (hereinafter referred to as 'Tribunal') awarding a sum of Rs.1,22,400/-with interest at the rate of 10% as compensation to the claimants in Claim Petition No. 133 of 1990.

3. Facts are not narrated as they are not in dispute.

4. The Insurance Company has raised several grounds for challenging the award granting sum of Rs.1,22,400/-with interest at the rate of 10%. It is submitted and which is clear from the facts that the claim petition was filed in the year 1990 but the insurance company was not immediately made party and, therefore, they should not have been saddled with the liability to pay interest prior to the period of their impleadment is the submission of the counsel for insurance company.

5. It is further submitted that the Tribunal had failed to consider that the claimants were not the dependents of the deceased and, therefore, were not entitled to any compensation. It is

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