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2006 Supreme(Pat) 137

J.N.BHATT
Oriental Insurance Co. Ltd. – Appellant
Versus
Shiv Narain Sahani – Respondent


Judgment

J.N.BHATT, J.

1. After having heard the learned counsel appearing for the parties and considering the facts and circumstances as well as, the ratio propounded in the decision rendered in the case of Nagappa V/s. Gurudayal Singh, 2003 0 ACJ(SC) 12, the amendment petition filed on behalf of the respondent No. 1, on the analogous principles of the provisions of Or. 6, R. 17 of Code of Civil Procedure, 1908, deserves to be allowed. Accordingly, it shall stand allowed.

2. By this appeal, the appellant Oriental Insurance Co. Ltd. has assailed the award passed by the Motor Accidents Claims Tribunal-cum-Second Additional District Judge, Darbhanga in Claim Case No. 15 of 1995, dated 31.1.2002, whereby the claim petition came to be granted and an amount of Rs. 2,68,200.00 with interest at the rate of 9 per cent per annum from the date of filing of the application till payment by way of compensation for the premature demise of the wife of the original claimant, respondent No. 1 herein, was awarded for the reasons stated therein.

3. It is true that the claim for the loss of life of the wife was for Rs. 2,00,000.00 (rupees two lakh). The life of the wife of respondent No. 1 was cut shor






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