Raj Kumar Agarwal VS Ahsan Ali

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Raj Kumar Agarwal – Appellant
Versus
Ahsan Ali – Respondent

Advocates Appeared:
For the Appellant : Shailesh Rai, Rishi Bhushan Jauhari, Rakesh Bahadur.
For the Respondent: Manish Kumar Nigam, Vipul Kumar, Akash Deep Srivastava, Parvez Alam, Rishi Bhushan Jauhari.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. These appeals have been preferred against the judgment and award dated 27.01.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.8, Shahjahanpur (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 200 of 2003 (Raj Kumar Agrawal and Others Vs. Ahsan Ali and Others), whereby the claim petition of the claimants was allowed and awarded a sum of Rs.9,69,500/- as compensation to the claimants with interest at the rate of 6% per annum.

2. Heard Mr. R.B. Jauhari, learned counsel for the claimants-appellants and Mr. Rakesh Bahadur, learned counsel for the Insurance Company. None has appeared for the owner, when the matter is taken up for final disposal.

3. The Insurance Company has felt aggrieved, as also the claimants have felt aggrieved by the decision of the learned Tribunal.

4. The claim petition was filed seeking compensation of Rs.80,00,000/- with interest at the rate of 12% per annum, namely from the date of filing of the claim petition till final payment for the death of Smt. Rajni Agrawal, wife of claimant-appellant no.1 and mother of other minor children.

5. The brief facts as culled out from the record and the