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2021 Supreme(UK) 94

RAVINDRA MAITHANI
New India Assurance Company Limited – Appellant
Versus
Jeewanti Tiwari – Respondent


Advocates Appeared:
P.C. Maulekhi, Advocate, Akhil Kumar Shah, Advocate, Rajesh Joshi, Advocate

JUDGMENT

Ravindra Maithani, J. - Both these appeals arise from the same impugned judgment and order, therefore, they are being taken up together and decided by this common judgment.

2. In this judgment reference to appellant and the respondent shall have to reference to Appeal no.217 of 2008.

3. These appeals have been preferred against the judgment and order dated 01.03.2008, passed in Motor Accident Claim Petition No.45 of 2007, Smt. Jeewanti Tiwari and others vs. Harpal Singh and others, by the Motor Accident Claim Tribunal, /District Judge, Nainital (for short, "the case"). By the impugned judgment and order, the claim petition filed by the respondent nos.1 to 4 for compensation has been allowed and they have been awarded Rs.15,71,680/- compensation along with interest.

4. Deceased Girish Chandra Tiwari was an Assistant Teacher at the relevant time. On 15.02.2007, at 03:30 p.m., he was returning to his home on his motorcycle bearing registration no. UA-4D 4137 ("the motorcycle"), Near Kattha Factory, Rampur Road, a truck bearing registration no. HR-47/3114 ("the truck") hit the

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