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1991 Supreme(Pat) 191

BHUVANESHWAR PRASAD
United India Insurance Co. Ltd. Near Firayalal Chowk, Ranchi – Appellant
Versus
Ram Dulari Devi – Respondent


Advocates Appeared:
For the Appellant : M/s D.N. Chaterjee & S.K. Dutta.
For the Respondents: None.

JUDGMENT

B. Prasad, J.

This is an appeal under section 110D of the Motor Vehicles Act, 1939 as amended by the Act LVI of 1961 (in short 'the Act’). It is directed against the judgment and award dated 28.9.1985 and 7.10.1985 respectively passed by Sri Srideo Mishra, Judicial Commissioner, Chhotanagpur, Ranchi-Cum-Motor Vehicles Accident Claims Tribunal (in short 'the Tribunal'), Ranchi in Misc. Judicial (Compensation) Case No. 197 of 1982, by which the learned Tribunal held that the claimant Smt. Ram Dulari Devi and others (respondent nos. 1 to 4) were entitled to get compensation estimated at Rs. 50,000/- payable by the Insurance Company (the appellant) alongwith the interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its realisation.

2. It appears that an application under section 110 A of the Act was filed by respondent nos. 1 to 4 with respect to an accident which has taken place at 6.30 P.M. on 19.9.1981 in Village-Pugu situated at a distance of 3 kilometers from Gumla Police Station. The deceased Maheshwar Nath Sahu of Village-Karamtoli, P.S. Gumla was going to village-Sissai for his business, on the said date on Mini Bus (Maxi Taxi























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