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2013 Supreme(Chh) 361

SANJAY K.AGRAWAL
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Devantin Sahu – Respondent


Advocates Appeared:
For the Appellant : Devershi Thakur
For the Respondent:C.K. Sahu, Advocate and Mr. P.P. Sahu, Advocate

JUDGMENT :

Sanjay K. Agrawal, J.

1. This order shall govern the disposal of M.A. (C) No. 92/2013 and 93/2013 as both the appeals arising out of same accident and are directed against the award dated 18-10-2012 passed by Additional Motor Accidents Claims Tribunal, Gariaband, District Gariaband (for short "the Tribunal") in Claim Case Nos. 81/2009 and 80/2009 respectively by which the liability of payment of compensation has been saddled upon the Insurance Co. Brief facts necessary for disposal of these appeals are as under:--

2.1. Respondent Nos. 1 to 4 (Claim Case No. 81/2009) and respondent No. 1 (Claim Case No. 80/2009) filed claim petitions u/s 166 of the Motor Vehicles Act, 1988 pleading inter alia that on 20-4-2009 while deceased Nurendra Kumar Sahu and injured claimant Omprakash were going to Rajim from Village Ghoghra by motorcycle, offending vehicle Tractor bearing registration No. CG-04/D.M.-0523 driven by its driver Tikamchand Sahu, owned by Seetaram Sahu and insured by appellant/Insurance Co., dashed the motorcycle by which Nurendra Kumar died on account of injuries sustained by him in the accident whereas Omprakash sustained multiple injuries in the said accident. The matt

























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