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2024 Supreme(All) 1022

VIPIN CHANDRA DIXIT
Preeti Pandey – Appellant
Versus
Mohit Khandelwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Satya Deo Ojha, Som Dutt Pandey
For the Respondent: Ashutosh Srivastava

JUDGMENT :

Hon'ble VIPIN CHANDRA DIXIT, J.

1. Heard Sri S.D. Ojha and Sri Som Dutt Pandey, learned counsels for the claimants-appellants and Sri Shreyas Srivastava, learned counsel for respondent no.1, who is owner of the vehicle and Sri Anubhav Sinha, learned counsel appearing on behalf of respondent no.2, New India Assurance Company Ltd. No one is present on behalf of respondent no.3, driver of the vehicle.

2. This First Appeal From Order has been filed on behalf of claimants-appellants against the judgment and order dated 04.09.2018 passed by Additional District Judge, Court No.10/Motor Accidents Claims Tribunal, Allahabad in MACP No.178 of 2016 (Smt. Preeti Pandey and others vs. Mohit Khandelwal and others), by which claim petition filed by claimants-appellants was rejected.

3. Brief facts of the case are that the claimants-appellants have filed claim petition under Section 140 and 166 of Motor Vehicle Act, 1988 claiming compensation of Rs.54,62,000/-along with 12 per cent interest on account of death of Sunil Kumar Pandey, who died in the road accident on 26.12.2015. It was the case of claimants before the claims tribunal that on fateful day 26.12.2015 at 2:45 p.m. the deceased Su

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