NEW INDIA ASSURANCE COMPANY; RAJPATTI DEVI Vs. RAJPATI DEVI & ANOTHER; KANDHAI LAL AND ORS
LAWS(ALL)-2017-11-102
HIGH COURT OF ALLAHABAD
Decided on November 20,2017

NEW INDIA ASSURANCE COMPANY; RAJPATTI DEVI Appellant
VERSUS
RAJPATI DEVI And ANOTHER; KANDHAI LAL AND ORS Respondents

JUDGEMENT

Kaushal Jayendra Thaker, J. - (1.) Both these appeals arise out of the same accident.
(2.) First Appeal From Order No.1472 of 1999 is preferred by Insurance company of tractor whereas F.A.F.O. (Defective) No.43 of 2000 is preferred by legal representatives of the deceased, who died in the vehicle accident.
(3.) On the fateful day, some children were playing in the garden when the opponent's driver driving the tractor rashly and negligently dashed with the deceased, who was 12 years of age. The F.I.R., Panchnama and Charge-sheet all were filed along with M.A.C.P. No.544 of 1995 claiming a sum of Rs.3 Lac. As against this, at the end of the trial, the claims Tribunal awarded as sum of Rs.1,30,000/- with 12% rate of interest. This has aggrieved the Insurance company as well as the claimant.;


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