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2013 Supreme(SC) 1404

G.S.SINGHVI, V.GOPALA GOWDA, C.NAGAPPAN
Pushkar Mehra – Appellant
Versus
Brij Mohan Kushwaha – Respondent


Advocates Appeared:
For the Appellant :Ms. Manjeet Chawla and Mrs. Sunanda Roy, Advocates.
For the Respondent:Dr. Meera Agarwal and Mr. Ramesh Chandra Mishra, Advocates.

ORDER :

1. Leave granted.

2. This civil appeal is directed against the judgment and order dated 14.12.2011 passed by the High Court of Delhi at New Delhi in M.A.C. Appeal No. 830 of 2010 whereby the High Court dismissed the appeal of the appellant upholding the compensation awarded by the Motor Accident C.A @ SLP) No. 13420 of 2012 Claims Tribunal (for short the "Tribunal") in Suit No. 364 of 2009, urging various facts and legal contentions.

3. The appellant-widow is the wife of the deceased who, along with the mother and the children of the deceased, filed claim petition before the Tribunal under Sections 166 and 140 of the Motor Vehicles Act, 1988 (for short "the Act") claiming compensation amounting to Rs. 25,00,000/- due to the death of her husband namely, Swadhin Mehra in a motor vehicle accident, which took place on 23.10.2004 at about 4.45 p.m. when the deceased was crossing the road. At this time the offending vehicle dumper (bearing No. HR- 38F-8284) loaded with concrete came very fast and stopped, after which the driver of the dumper reversed the vehicle in a rash and negligent manner as a result of which the deceased was crushed under the right side tyre of the dumper causi

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