(Arun Mishra and Navin Sinha, JJ.)
Deepak Thakur __________________________________ Appellant
v.
National Insurance Company Ltd. & Ors. ___________ Respondent(s)
Civil Appeal No. 5942 of 2018 [Arising out of SLP(C) No. 33650/2017], decided on July 2, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We find that the High Court has completely acted perversely in reversing the findings recorded by the Tribunal as to negligence. We, therefore, set aside judgment and order dated 3.8.2017 passed by the High Court in appeal and restore the findings recorded by the Motor Accident Claims Tribunal as to negligence, in judgment and order dated 14.10.2015 passed in Motor Accident Claims Suit No. 164/2013.
3. Let compensation be paid within three months, as ordered by the Motor Accident Claims Tribunal.
4. The appeal is allowed in the above terms. All pending applications stand disposed of.
Petition(s) for Special Leave to Appeal (C) No(s).33650/2017
Deepak Thakur ___________________________________ Appellant
v.
National Insurance Company Ltd. & Ors ____________ Respondent(s)
(With appln.(s) for exemption from filing O.T. and permission to file additional documents)
Date: 02-07-2018 This petition was called on for hearing today.
(Before Arun Mishra and Navin Sinha, JJ.)
For Petitioner(s) Mrs. Rachana Joshi Issar, AOR
Mr. Rajesh Issar, Adv.
Ms. Vandana Mishra, Adv. Mr. Sailabh Pandey, Adv.
Ms. K. Vaijaynthi, Adv.
For Respondent(s) Mr. Rohit K. Sinha, Adv.
For Mr. T. Mahipal, AOR
UPON hearing the counsel the Court made the following
ORDER
5. Leave granted.
6. The appeal is allowed in terms of the signed order.
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