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2023 Supreme(UK) 549

SHARAD KUMAR SHARMA
Bharti AXA General Insurance Company – Appellant
Versus
Soma Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Pulak Agarwal.
For the Respondents: Mr. Kurban Ali, Mr. D.C.S. Rawat, Mr. G.S. Negi.

JUDGMENT :

(Sharad Kumar Sharma, J.)

The claim petition being claim petition preferred under section 163A of the Motor Vehicle Act stood instituted before the court of learned Motor Accident Claims Tribunal, Pauri Garhwal, on 06.07.2010, praying for the grant of an appropriate compensation on account of the sad demise of Mr. Rupan S/o Shri Chunni Lal, who is said to have met with an accident on 31.05.2010, at 14:55. It was contended in the claim petition that the deceased at the time of accident was 54 years of age, and at the relevant point of time, he was working as a “Safai Sevak” at Additional Primary Health Centre, Pokhal, District Pauri Garhwal. The claimants have came up with the case that since on the date of the accident, the deceased was having an income of Rs.12,000/- per month. Accordingly, they have prayed for that the compensation may be determined and paid to them to the tune of Rs.23,00,000/-.

2. The claim petition, thus, instituted on 06.07.2010, was opposed by the opposite party nos.1 and 2, therein, i.e. owner of the vehicle and the driver, as well as, the present appellant, who were later on impleaded by an amendment of 13.10.2010, denying the claim as it was rai

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