THE NEW INDIA ASSURANCE CO. LTD. Vs. SMT. SARITA KAPOOR AND 3 OTHERS
LAWS(ALL)-2016-9-410
HIGH COURT OF ALLAHABAD
Decided on September 16,2016

THE NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Smt. Sarita Kapoor And 3 Others Respondents

JUDGEMENT

KRISHNA MURARI, PRASHANT KUMAR, JJ. - (1.) This appeal has been filed by Insurance Company against the judgement and award dated 28.5.2016 passed by the Motor Accident Claims Tribunal/District Judge, Kanpur Nagar in M.A.C.P. No. 813 of 2014 (Smt. Sarita Kapoor and others v. Abhijeet Singh Sanga and others) awarding a sum of Rs.21,52,800/- as compensation.
(2.) Facts, in brief, giving rise to dispute are as under : An application seeking compensation to the tune of Rs.45 Lac was made by the claimant-respondents on the allegations that on 2.4.2004 at about 12.30 p.m. when Durgesh Kapoor, the predecessor-in-interest of the claimant-respondents, was going on his scooter from Sachan Guest House to Barra, he was hit from behind by Safari car bearing registration no. UP-78DV-2879, which was being driven very rashly and negligently. He suffered grievous injuries in the said accident and died while being taken to hospital. The deceased was aged about 54 years and was a contractor with Kanpur Development Authority having annual income of Rs.3,50,000/-.
(3.) The proceedings were contested by the respondents no. 3 & 4, the owner and driver of the offending vehicle as well as the appellant Insurance company by filing written statement.;


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