# FIRST APPEAL FROM ORDER No. 1298 of 2010 at Allahabad

Court: Allahabad High Court
Date: 2025-11-12
Citation: FIRST APPEAL FROM ORDER No. 1298 of 2010 at Allahabad
Petitioner: FIRST APPEAL FROM ORDER No. 1298 of 2010 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=82223)

## Judgment text (excerpt)

HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 1298 of 2010 Nitin Kumar Tiwari .....Appellant(s) Versus Sunder Lal And Others .....Respondent(s) Counsel for Appellant(s) : Amit Kumar Sinha Counsel for Respondent(s) : Arun Kumar Shukla, Harinank Mauli Vikram Dwivedi, Harish Chandra Mishra AFR Court No. - 38 HON'BLE SANDEEP JAIN, J. 1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant against the impugned judgment and award dated 22.01.2010 passed by the Motor Accident Claims Tribunal/District Judge, Kaushambi, in MACP No. 4 of 2007 (Nitin Kumar Tiwari vs. Sunderlal and another), whereby, for the injuries sustained by the claimant in a road accident, which occurred on 27.10.2006, a compensation of Rs. 3,50,000/- along with interest at the rate of 6% per annum has been awarded to the claimant, which has been ordered to be indemnified by the insurer of the offending Vehicle No.UP73-A-1495. 2. Since there is no cross appeal by the owner, driver and the insurer of the offending vehicle as such, the factum of accident and negligence is not disputed by the respondents. 3. In this case

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