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2026 Supreme(UK) 128

HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
National Insurance Company Limited – Appellant
Versus
Vijay Chauhan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Lalit Belwal, learned counsel
For the Respondents: Mr. Pankaj Kumar Sharma, learned counsel.

JUDGMENT :

Pankaj Purohit, J.

This appeal from order has been filed by the appellant-Insurance Company against the judgment and award dated 07.12.2012, passed by learned Third Additional District Judge/M.A.C.T., Haridwar, in M.A.C.P. Case No.94 of 2009 Vijay Chauhan and Ors. Vs. Inder Singh and Ors. , whereby, the said claim petition was allowed and the learned Tribunal awarded a sum of Rs.3,70,000/- as compensation @9% interest per annum from the date of filing of claim petition i.e.19.05.2006, against the appellant to be paid within 30 days from the date of passing of the order i.e.07.12.2012.

2. The brief facts of case are that on 01.08.2008 at about 06.30 a.m., deceased and respondents-claimants were coming from Delhi to Roorkee in their vehicle No.UA 08 D-9253, near village Bhuraheri, District Muzaffarnagar, the driver of trolley No.H.R. 55H-7071, which was moving ahead the vehicle of deceased, suddenly applied the break. Due to the sudden break, the husband of deceased tried hard to control the vehicle but could not control and collided with the trolley, due to which they sustained serious injuries and resulted in the death of Smt. Anju Chauhan on the spot.

3. The first informat

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