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2016 Supreme(Chh) 514

PRITINKER DIWAKER
Oriental Insurance Co. Ltd. – Appellant
Versus
Gouribai Nag W/o Late Nathuram Nag – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Raj Awasthi, Advocate
For the Respondent:Shri Anil Gulati, Advocate, Shri J.K. Gupta, Advocate

ORDER :

Pritinker Diwaker, J.

1. With the consent of the parties, the appeals are heard finally.

2. As these two appeals arise out of common award dated 13.7.2015 passed by Additional Motor Accident Claims Tribunal, Kondagaon, in Claim Case No. 25/2012, they are being disposed of by this common order.

3. Brief facts of the case are that on 8.3.2011 when deceased Vijay Kumar Nag was riding his motorcycle and other deceased Ghanshyam Nag was sitting as pillion rider in the same motorcycle, the said vehicle was dashed by the offending vehicle truck bearing registration No. CG 17-H-1663 as a result of which both the rider and pillion rider suffered grievous injuries, they were taken to Keskal hospital from where were shifted to Kanker hospital, however, during treatment they succumbed to their injuries on the date of accident itself. At the relevant time, the offending vehicle truck was being driven by Lalan Raut, owned by Kamaldev Jha and insured with Oriental Insurance Co. Ltd.

4. A claim case No. 25/2012 was filed by the claimants i.e. Gouribai and Sanjay Kumar Nag, mother and elder brother of the deceased Vijay Kumar Nag respectively, claiming compensation of Rs. 24 lacs under various h























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