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1970 Supreme(Pat) 83

R.J.BAHADUR, KANHAIYAJI
New India Assurance Co. Ltd. – Appellant
Versus
Sumitra Devi And Others – Respondent


Judgment

Bahadur, J.

1. This appeal is directed against the award and judgment of the Motor Accidents Claims Tribunal (District and Sessions Judge), Hazaribagh, passed in Miscellaneous case No. 361 of 1964 by which a sum of Rs. 20,000/- has been assessed and allowed as the amount of compensation payable to the claimant by the New India Assurance Company Limited. This company is the appellant before us with whom respondent No. 2, the Bihar Industries Private Limited, Ramgarh Cantt., Hazaribagh, had insured his motor vehicle, namely a motor truck which bore registration number W.G.E. 1719, against third party risks.

2. The case of the claimant Sumitra Devi, a girl aged about six years, resident of Ramgarh in the district of Hazaribagh, which appears, from her application to the Tribunal dated 27/28-8-1964, and the evidence of her father who has been examined as A. W. 2 is that while she was coming from her school in the afternoon of 12.3.1963, she was knocked down by a motor truck (WGE 1719) in front of the State Bank in the town of Ramgarh. As a result of the grievous injury she had suffered on her right leg, it had to be amputated from near her thigh above the knee region and that l













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