Angoori Devi vs Baldeo Singh - 2023 Supreme(All) 2351

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2351

K. J. THAKER
Angoori Devi – Appellant
Versus
Baldeo Singh – Respondent

Advocates appeared:
For the Appellant : Madhav Jain
For the Respondent:Vinay Kumar Khare(Senior Advocate), Aarushi Khare.

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

By way of this appeal, the appellant has challenged the judgment and order dated 20.12.1995 passed by Motor Accident Claims Tribunal/1st Additional District Judge, Agra (hereinafter referred to as 'Tribunal') in M.A.C.P. No.69 of 1988 (Smt.Angoori Devi and another v. Sri Baldeo Singh and another) awarding sum of Rs.29,000/- as compensation to the claimant/appellant with interest at the rate of 12% per annum from the date of filing the claim petition.

2. Heard Mr.Madhav Jain, learned counsel for the appellant and Ms.Aarushi Khare, learned counsel for the respondent-Insurance Company.

3. The brief facts of the case are that claimant-appellant filed a Motor Accident Claim Petition before the Tribunal for claiming the compensation under MOTOR VEHICLES ACT , 1988 for the death of Shravan Kumar in a road accident with the averments that on 25.01.1988, deceased Shravan Kumar was going from Agra to Firozabad by his bicycle, a truck bearing no. DIL 4829 hit the deceased. In this accident, deceased sustained very serious injuries and died on the way to hospital. The Tribunal considered the income of the deceased as Rs.600/- per month, deducted 1/3rd as