LAWS(ALL)-2023-4-291

SANJAY KUMAR SHARMA Vs. MURARI LAL

Decided On April 19, 2023
SANJAY KUMAR SHARMA Appellant
V/S
MURARI LAL Respondents

JUDGEMENT

(1.) Heard Sri Madhav Jain, learned counsel for the appellants and Sri A.K.Shukl learned counsel for respondents.

(2.) This appeal, at the behest of the claimants, challenges the judgement and award dtd. 8/11/1996 passed by M.A.C.T/7th- Additional District Judge, Agra (hereinafter referred to as "Tribunal") in M.A.C. Case No. 206 of 1993. The accident is not in dispute. The liability fastened on the insurance company is not in dispute. The age of the deceased is not in dispute. The insurance company and the owner have not challenged the judgment. The oral objection is to the granting of interest at 12% granted by the tribunal. The only question which remains to be considered in this appeal is whether the compensation awarded is just compensation in view of the settled legal position of law.

(3.) Brief facts as culled out from the record are on 21/3/1993 deceased Raj Kumar Sharma was going to his village Pathauli by bicycle on his side from Agra. When he reached near village Baant Sucheta and near village Pathauli a metador coming from opposite side bearing no. U.P. 80A 9317 driven by its driver rashly and negligently hit the bicycle of deceased as a result of which the deceased received grievous injuries. He had been rushed to the S.N. Hospital for treatment but the doctors declared him dead.