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2022 Supreme(UK) 19

SHARAD KUMAR SHARMA
Umesh Goswami – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Tarun Pande, Advocate
For the Respondent:Mr. V.K. Kohli, assisted by Mr. Kanti Ram Sharma, Mr. Girish Chandra Lakhchaura, Advocate

JUDGMENT :

Facts, apparent from the records are:

    (i) That on 9th February, 2015, a claim petition was filed by the claimants, invoking the provisions contained under Section 166 to be read with Section 140 of the Motor Vehicles Act,

(ii) The claim petition, thus filed under the aforesaid provisions for grant of the compensation, was on account of the death of Km. Shagun, who met with an Accident with the bus bearing registration No. PB08AP-9080, and as a consequence of the allegation of negligence, which has been contended by the claimants factually that while Km. Shagun was boarding the bus, it was being negligently driven by the driver of the offending vehicle, resulting into her death and at the time of her death, she was of 5 years of age.

2. The fact of accident and the death are not the disputed facts. For the purpose of determining an adequacy of the compensation, to be made payable in relation to these peculiar facts and circumstances of the present case where the deceased was of 5 years of age, which is a fact, not disputed by any of the parties, which would be the parameters that has to be adopted for the purposes of determining the compensation.

3. The accident had chanced o

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