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2018 Supreme(UK) 97

SHARAD KUMAR SHARMA
I. C. I. C. I. Lombard General Insurance Co. Ltd. – Appellant
Versus
Urba Dutt Bhatt – Respondent


Advocates Appeared:
For the Appellant : Sarvesh Agarwal.
For the Respondent: Mr. Harhit Pant.

JUDGMENT :

Sharad Kumar Sharma, J.

1. This is an Appeal from Order, under Section 173 of the Motor Vehicles Act, which has been preferred by the Insurance Company, questioning the validity of the award dated 13.03.2013, as rendered by the Motor Accident Claims Tribunal/Additional District Judge, Kashipur, District Udham Singh Nagar in Motor Accident Claim Petition No. 423 of 2011, Urba Dutt Bhatt vs. Surendra Kumar and Others. Before the Claim Tribunal, the opposite party no. 1 was the owner of the Motor Cycle No. UK-06S/7304, involved in the accident and the same was ridden by Rajeev Kumar S/o Jai Prakash.

2. The brief facts of the case are that the claimant, i.e. Urba Dutt Bhatt, during the pendency of the Appeal from Order has met with the sad demise and later on the heirs of Urba Dutt Bhatt, have been substituted in the present Appeal from Order.

3. The backdrop leading to the entire controversy of the case is that on 2nd October, 2011, when the claimant was going alongwith one Sopal Singh for discharging his official responsibility from Kahipur to Mandi Samiti Guest House, Udhma Singh Nagar, when he reached near Dhela Bridge, he was dashed down by a motor cycle which was coming fr
































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