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2007 Supreme(UK) 51

J.C.S.RAWAT, RAJEEV GUPTA
Smt. Sushila and others – Appellant
Versus
Mustfa – Respondent


Advocates Appeared:
Sri Nagesh Agarwal, Advocate for the appellants; Sri Pramod Tewari, Advocate on behalf of Sri Rajendra Singh, Advocate for the respondents Nos. 1, 2 & 3; Sri M.K. Goyal, Advocate for the respondent No. 4- New India Insurance Co. Ltd. and Sri Manish Dalakoti, Advocate on behalf of Sri D.S. Patni, Advocate for the respondent No. 5- National Insurance Company Ltd.

Judgment

Rajeev Gupta, C.J.

This is claimants' appeal for enhancement of the compensation awarded by Motor Accident Claims Tribunal I Addl. District Judge, Roorkee vide Award dated 02-08-2003 passed in MAC.T. No. 54 of 1998.

2. The claimants, who are unfortunate widow and minor children of deceased Atar Singh, claimed compensation of Rs. 39,25,000/- for his death in the motor accident on 01-031998 when his Scooter bearing registration No. UP-10C-1957 was dashed by the offending vehicle Tractor bearing registration No. UP-1 OB-5924 resulting in multiple serious injuries to Atar Singh, who succumbed to those injuries on his way to the hospital. The claimants pleaded that deceased Atar Singh was getting salary of Rs. 9,672.47/- as Cashier in Indian Overseas Bank.

3. The owner and driver of the Tractor; the insurer of the Tractor; and the insurer of the Scooter contested the claim and denied their liability to pay compensation to the claimants. The insurer of the Tractor took the plea that the Tractor was being plied in breach of the policy conditions and the Scooterist, himself; was responsible for the accident, whereas the insurer of the Scooter pleaded that the driver of the Tractor,































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