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2007 Supreme(Chh) 123

D.R.DESHMUKH
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
RAM BAI – Respondent


Advocates appeared:
Shri Ali Asgar, for the Appellant/insurer.
Shri P.P. Sahu, for the Respondent No. 1 Ram Bai (claimant) and 2 Kishanlal (owner).
Respondent No.3 (driver) is absent.

ORDER

1. Heard

2. Brief facts are that on 1.12.1997, a Minibus bearing No. MP-24/C 2614 being driven by respondent No.3, upon bursting of a tyre, turned turtle causing injuries to the claimant/passengers. The Injured passengers/claimants preferred applications for compensation. The learned Additional Motor Accident Claims Tribunal, Bemetara passed a common order dated 3.10.2001 and awarded compensation to the victims as under :-

(a) Claimant-Shyam Sunder, Claim Case No. 1-98 - [compensation awarded Rs.25,000/- with interest.]

(b) Claimant-Ramji, Claim Case No. 2/98 - [compensation awarded Rs.3,000/- with interest.]

(c) Claimant-Smt. Ram Bai, Claim Case No. 14/98 - [compensation awarded Rs.92,500/- with interest.]

(d) Claimant-Chhedi Singh, Claim Case No. 17/98 - [compensation awarded Rs.4,000/- with interest]

3. It is not disputed by the learned counsel for the appellant/insurer that the ill-fated Minibus was under a policy of insurance by the appellant on the date of the accident. The fact that the claimants mentioned above were passengers in the Minibus and sustained injuries due to the bus turning turtle and that the respondent No. 3/driver had a valid driving licence for driving











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