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2009 Supreme(SC) 306

S.B.SINHA
Oriental Insurance Co. Ltd. – Appellant
Versus
Angad Kol – Respondent


Advocates appeared: For the Appellant :Santhosh Paul, KK. Bhatt, Arvind Gupta, Sriharsh N. Bundela, MJ. Paul, Advocates. For the Respondents:Rajkumar Gupta, Sunil Kumar Gupta, Dharam Bir Raj Vuhra, Advocates

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 21.9.2007 passed by a Division Bench of the High Court of Madhya Pradesh at Jabalpur in Misc. Application No.21/09/2007 whereby and whereunder the appeals preferred by the claimants/respondents from an award dated 29.1.2007 passed by the IInd Additional Motor Accident Claims Tribunal (Fast Track Court), Kanti (hereinafter referred to as ‘the Tribunal) in M.V.C. No.350 of 2004, was allowed. A cross objection filed by the appellant herein has also been dismissed by the said judgment.

3. Heirs and legal representatives of Genda Bai, who died in an accident which took place on 31.10.2004, filed a claim application before the Tribunal, contending in that on the fateful day, when she had been standing near a turning known as ‘Hardi turning, a mini door Auto bearing registration No.MP-20G-9937 dashed against her as a result whereof she suffered injuries. She was taken to the District Hospital where she succumbed thereto on the next day. The deceased was aged about 45 years at the time of her death. She allegedly used to earn about Rs.5,000/- per month by preparing ‘Donnapattals.

4. In



















































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