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KAUSHAL JAYENDRA THAKER
Shyam Sundari Devi – Appellant
Versus
Ajay Kumar Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.C.Srivastava, S.K. Srivastava
For the Respondent: H.N.Singh, B.N.Singh

JUDGMENT :

1. Heard learned counsel for the appellant and learned counsel for respondent. Officers of National Insurance Company are present.

2. This appeal, at the behest of the claimants, challenges the judgement and decree dated 24.04.1996 passed by M.A.C.T/I-Additional District Judge, Mau (hereinafter referred to as “Tribunal”) in M.A.C.P. No. 54 of 1992. The accident is not in dispute. His death by the accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The only issue to be decided is, the quantum of compensation awarded.

3. Brief facts as culled out from the record are that deceased Virendra Kumar Srivastava was working as a homeguard at police station Netpura, District Varanasi. On 07.06.1992 at about 4:00 a.m when deceased Virendra Kumar Srivastava was returning back with Sup-Inspector Kedarnath Pandey in a jeep bearing registration no. M.P.-7B/0927 after completing their work from Mau, at cemented road near dandi village near Rajdev Ram baag a truck bearing registration no. URQ-6354 going towards Gorakhpur from Mau driven by its driver rashly and negligently dashed into Jeep as a result of which deceased died on the spot along-wit

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