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2007 Supreme(UK) 565

RAJESH TANDON
THE NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
GIRDHARI RAM – Respondent


Advocates:
For the Appellant : Mr. P.C. Maulekhi, Counsel
For the Respdts. No. 1 & 2 : Mr. Yogesh Pande, Counsel
For the Respdt. No. 3 : Mr. Dinesh Chauhan, Counsel

JUDGMENT

Hon'ble Rajesh Tandon, J.

Heard Sri P.C. Maulekhi, counsel for the appellant and Sri Yogesh Pande, counsel for the claimant-respondent nos. 1 and 2 and Sri Dinesh Chauhan, counsel for the respondent no. 3.

2. By the present A.O. filed under Section 173 of the Motor Vehicles Act, 1988, appellant has prayed for setting aside the award dated 21.5.2005 passed by the Motor Accident Claims Tribunal/District Judge, Champawat in Motor Accident Claim Petition No. 39 of 2005 Girdhari Lal Vs. Tej Singh and others, whereby a sum of Rs. 1,94,000/- has been awarded to the claimant-respondent no. 1.

3. Briefly stated, a claim petition was filed by the claimant-respondent nos. 1 and 2 being Motor Accident Claim Petition no. 39 of 2005 Girdhari Lal Vs. Tej Singh and another claiming a sum of Rs. 21,10,000/- towards compensation along with interest @ 12% per annum.

4. According to the claimants, on 27.8.2004 at about 4.30 p.m., when Prakash Ram (hereinafter referred to as the deceased) was going to Lohaghat by Jeep No. U.P. 01/3821 (hereinafter referred to as the vehicle in question), which was being driven rashly and negligently by its driver, as soon as it reached near Devalkanda bend, du












































































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