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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
National Insurance Company Limited, through its Branch Manager – Appellant
Versus
Sudha Kumari – Respondent
| Table of Content |
|---|
| 1. details of the accident and compensation awarded. (Para 1 , 2 , 3) |
| 2. appellant's challenge to compensation determination. (Para 4 , 12) |
| 3. court's analysis on evidence and compensation guidelines. (Para 5 , 6 , 10 , 11 , 13 , 14 , 15) |
| 4. legal precedence regarding delay in fir and compensation criteria. (Para 7 , 9 , 20 , 22) |
| 5. conclusion affirming tribunal's decision. (Para 23 , 24) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 has been preferred by the insurance company of the offending Loader No.UP-75K-9134 against the impugned judgment and award dated 16.06.2025 passed by the Motor Accident Claims Tribunal, Etawah in MACP No. 14 of 2019, Smt. Sudha Kumari & others Vs. Sarvesh Kumar & another, whereby, compensation of Rs.5,70,000/- alongwith interest at the rate of 7% per annum has been awarded to the claimants for the untimely death of Nand Kishore (deceased) in a motor accident which occured on 12.11.2018, which was ordered to be indemnified by the appellant insurance company.
2. Factual matrix is that on 12.11.2018 at about 01.00 PM between village Killi and Ritauli, within the jurisdiction of police station
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