Raj Kumar vs Jugal Kishore Mishra - 2023 Supreme(All) 2332

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2332

K. J. THAKER
Raj Kumar – Appellant
Versus
Jugal Kishore Mishra – Respondent

Advocates appeared:
For the Appellant :Puneet Kumar Gupta, Advocate.
For the Respondent:A.A. Khan, Advocate.

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

By way of this appeal, the appellant has challenged the judgment and order dated 22.1.1998 passed by Motor Accident Claims Tribunal / Additional District Judge IV, Banda (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 267/70 of 1994 (Smt. Kumari and others v. Jugal Kishore Mishra and others) awarding a sum of Rs.1,15,200/- as compensation to the claimants/appellants with interest at the rate of 10% per annum from the date of filing the claim petition.

2. Heard earned counsel for the appellants and learned counsel for the respondents. Perused the record and judgment.

3. The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for claiming the compensation under MOTOR VEHICLES ACT , 1988 for the death of Amrish Kumar in a road accident with the averments that on 5.9.1994 at about 7:00 PM, Amrish Kumar-deceased was coming on motorcycle with his sister-in-law, Prema Devi and sister, Smt. Usha Devi, who were pillion riders. When they reached near the Puliya at Telin Talaiya, a bus bearing no. URE 5868 came from Banda side, which was being driven very rashly and negligently by its d