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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Abdul Moin,J.
National Insurance Company Ltd., Lucknow Thru. Manager / Asstt. Manager – Appellant
Versus
Manorama – Respondent
| Table of Content |
|---|
| 1. accident details and claimant's assertions established. (Para 4 , 5) |
| 2. tribunal's findings on negligence and causation. (Para 6 , 7 , 19 , 20) |
| 3. appellant's arguments challenge negligence and evidence. (Para 8 , 10 , 11 , 12 , 13 , 14) |
| 4. standard of proof in claims based on probabilities. (Para 27 , 28 , 30 , 32) |
| 5. appeal dismissed; tribunal's decision upheld. (Para 36 , 37) |
JUDGMENT :
Abdul Moin, J.
1. Heard learned counsel for the appellants and Shri Ravindra Kumar Dwivedi, learned counsel for the respondents no. 1 to 3.
2. Despite notices having been served on respondents no. 4 and 5 as per the report dated 28.08.2024 nobody has put on appearance on their behalf.
3. Accordingly, the Court proceeds to hear and decide the matter finally.
4. Under challenge is the judgement and award dated 12.04.2024 passed by learned Motor Accident Claims Tribunal, District Sultanpur in Claim Petition No. 264 of 2017 In re: Manorama and others vs Shitla Prasad and others . By the said award learned tribunal has partly allowed the claim petition filed by the claimants and has awarded certain compensation.Being aggrieved instant appeal has been filed.
5. Bereft of unnecessary details, t
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