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1996 Supreme(Pat) 425

S.N.MISHRA
Oriental Fire Insurance Company – Appellant
Versus
Saroj Gupta – Respondent


Advocates appeared:
For the Appellant: Mr. Ajay Kumar.
For the Respondents: M/s. Amla Kant Choudhary, Udayan Choudhary, Debayan Choudhary & Baidyanath Prasad Verma.

JUDGMENT

S.N. MISHRA, J.

1. The Oriental Fire Insurance Company through the Deputy Manager has filed this Miscellaneous Appeal challenging the judgment and award passed by the Additional Motor Accident Claims Tribunal, Muzaffarpur, whereby the Tribunal has awarded a compensation of Rs. 1,87,200/- against the appellant-insurer as compensation to the claimant-respondent no. 1, after deducting a sum of Rs. 50,000/- which was already paid along with interest at the rate of 12% per annum. According to the applicant, on 16.7.1988 her son Alok Kumar Gupta along with others was proceeding on a Rajdoot Motor Cycle bearing registration No. BHF 350 from Patna to Muzaffarpur when a Jeep bearing registration No. BPK 8615 dashed against the motor cycle because of the rash and negligent driving, as a result the motor cycle was badly damaged and the said Alok Kumar Gupta sustained severe head injury. The victim was first treated in the General Hospital at Muzaffarpur but in view of his serious condition he was treated by one Dr. Ramesh Chandra at Patna, where he died on 23.7.1988. According to the claimant the deceased was earning Rs. 15,000/- per month through self employing business as well as par

























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