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2013 Supreme(All) 1449

RAJES KUMAR
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SOMWATI – Respondent


Advocates Appeared:
Vipul Kumar for the Appellant.

JUDGMENT

Hon’ble Rajes Kumar, J.—Heard learned counsel for the appellant.

This is an Appeal by the insurer of the Bus, bearing registration Number, DL-1-TA-5488, challenging the order dated 27th February, 2013, passed by the Motor Accident Claims Tribunal, Bulandshahr by which the Tribunal has awarded a compensation at Rs. 3,24,500.

It was the case of the claimants that on 19.12.2010, at 06:00 a.m. when the deceased Smt. Kusum was returning to her home alongwith her husband, Vipin Kumar, after attending a marriage from Village Dautai, on a motor-cycle, bearing registration number, UP-13-N-5907, driven by her husband, on Garh-Syana Road, ahead of Village Dhara, Police Station, Bahadurgarh, District Ghaziabad, the motorcycle was hit by the Bus, bearing registration number, DL-1-PA-5488. In the said accident, both, Smt. Kusum and Vipin Kumar, died on the spot. The first information report was lodged on the same day. The charge-sheet has been submitted against the driver of the Bus.

2. Learned counsel for the appellant submitted that though the claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988, but in the absence of any negligence or fault on the part of the d









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