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2008 Supreme(Pat) 1696

C.M.PRASAD
National Insurance Company Ltd. – Appellant
Versus
Tara Devi, W/o Late Shibu Jha – Respondent


JUDGEMENT

1. At the consent of both sides, both the appeals were finally heard under Order 41 Rule 11 C.P.C.

2. The appellant Tara Devi and others under M.A. 219 of 2005 have come for enhancement in the amounts of compensation and the appellant National Insurance Company under M.A. No. 146 of 2005 has challenged the granting of award/ compensation dated 14.2.2005 of Rs. 57,000/- together with interest of Rs. 9% per annum from the date of filing of the claim petition under Claim Case No. 202 of 2003 as passed by the 7th Addl. District Judge-cum-Addl. Motor Accident Claims Tribunal, Muzaffarpur.

3. The case of the claimants was that deceased Shibu Jha, the husband/ father was traveling in Jeep No. BR7P/0553 on 17.10.2002 and the driver of the jeep was driving it rashly and negligently. It was further stated that in course of the driving the said Jeep dashed against one another Jeep No. BR7P/0361 moving on the road, as a result of which the Jeep No. BR7P/0553 in which deceased Shibu Jha was traveling in front of the jeep right side overturned as a result of which Shibu Jha and other passengers received grievous injury and they were removed to hospital but Shibu Jha died in course of tr











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