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2023 Supreme(All) 1499

ASHUTOSH SRIVASTAVA
Ruhi Arora – Appellant
Versus
Monika Arora – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Santosh Tripathi, Ajay Kumar Singh, Ashok Kumar Singh Bais, Ramesh Chandra Srivastava.
For the Respondent: S.D. Ojha.

JUDGMENT :

ASHUTOSH SRIVASTAVA, J.

1. Heard Shri Dev Dutt Arora (appellant No. 2) In-person for the appellants and Shri S.D. Ojha, learned counsel for the claimant-respondent Nos. 1 to 3. No one appeared for respondent Nos. 4 & 5 despite service.

2. This First Appeal From Order dated 17.8.2013, at the instance of the unmarried sister and father of the deceased, has been filed seeking to modify the judgment/award of the Motor Accident Claims Tribunal, Saharanpur rendered in MACP No. 149 of 2011 (Smt. Monika Arora and others versus Vishnu Kumar Meena and others) by making re-apportionment of the share of the awarded compensation of Rs. 52,80,328/- and grant appropriate share to appellant No. 1 (unmarried sister of the deceased) and to enhance the share of the appellant No. 2 from 10% of the award to 20% by making adjustment from the 60% share of claimant respondent No. 1-Smt. Monika Arora (widow of the deceased).

3. The appellant No. 2, In-person, submits that his only son Vikalp Arora died in a road accident which took place on 22.4.2011 at 3:30 PM near Chachura Nahar Thana Kakor Di

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