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2023 Supreme(All) 1678

J. J. MUNIR
New India Assurance Co. Ltd. – Appellant
Versus
Ran Vijay Singh – Respondent


Advocates Appeared:
For the Appellant : Vinod Swarup, Kuldip Shanker Amist.
For the Respondents: Vidya Kant Shukla, P.K. Sinha, Vidya Kant Shukla.

JUDGMENT :

(J.J. Munir, J.)

1. This is an appeal by the Insurance Company, arising out of a judgment and award passed by Mr. Arun Prakash, the Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Kanpur Nagar in Claim Petition No.575 of 2009, dated 14.09.2011, partly allowing the claim petition.

2. The facts giving rise to the motor accident claim, subject matter of this appeal, are:

On December, the 31st, 2008 between 6:00-7:00 in the morning hours, Ran Vijay Singh, the claimant was jogging down the Ramaipur Bharu Shahpur Majhawan Road. He was jogging on the side of the road. He was accompanied by Vinod Singh, a native of his village. A school bus, bearing Registration No. UP-53T-3894 approached from the Ramaipur side, driven at a high speed and negligently. The bus hit the claimant, leading him to sustain multiple fractures to his right lower limb, besides injury to other parts of his body. According to the claimant, he had passed his B.Sc. Examination in the year 2007, but being unemployed, had purchased milch cattle and was into the business of supplying milk. Apart from earning his livelihood this way, he would prepare to write various competitive examinations,

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