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2020 Supreme(Chh) 47

SANJAY S.AGRAWAL
NATIONAL INSURANCE CO LTD , BILASPUR C G – Appellant
Versus
SOFIYA DE SILBHA – Respondent


Advocates Appeared:
Qamarul Aziz, Advocate, Binu Sharma, Advocate

JUDGMENT

Sanjay S Agrawal, J. - Since all these appeals preferred by the Appellant/National Insurance Company Limited arise out of the same accident involving the common questions of law, they are being disposed of by this common order/award. The parties to this appeal shall be referred hereinafter as per their description in the Claims Tribunal.

2. Briefly stated the facts of the case are that on 24.05.2007 at about 05:00 am, deceased Mangrita Minj along with others, namely, Mariyum Tirkey, Mery Gress and Mery Kujur was going from Sandesh Niketan Ginabahar, Kunkuri to Raigarh while travelling in the Marshal Max Jeep bearing registration number CG-14-2764 for treatment of her eyes. It was being driven by its driver Laeos and as soon as they reached near the village Nonaijor, Tehsil Dharamjaigarh, it was dashed vehemently from its opposite side by the offending vehicle "Truck" bearing its registration number CG-12-C-1723, which was owned by Non-applicant No.2- M/s Shri Balaji Metals and Minerals Pvt. Ltd., and was insured with Non-applicant No.3-National Insurance Co. Ltd. At the relevant time, it was being driven rashly and negligently by its driver, Lalsai Minj (Non-applicant No.1)

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