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2014 Supreme(Del) 3356

JAYANT NATH
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
SHISH PAL – Respondent


Advocate Appeared:
For the Appellant :L.K. Tyagi, Advocates.

JUDGMENT :

JAYANT NATH, J.

1. By the present petition the petitioner seeks to impugn the order dated 31.5.2012 passed by the Tribunal dismissing the application of the petitioner for directions to refund of Rs. 50,000 plus interest totalling Rs. 55,162 paid as per the order of the Tribunal dated 27.7.2006 in exercise of power under Section 140 of the M.V. Act on account of an alleged accident that had taken place on 30.4.1999 wherein it was alleged that Smt. Gasna Devi had expired in the said accident. Subsequently the Tribunal passed an award on 25.2.2012 holding that the death of Smt. Gasna Devi was not as a consequence of any motor accident. The Tribunal held that she died due to natural causes inasmuch as she was seriously ill and was being transported in an Ambulance from GTB Hospital to Jeevan Nursing Home. In the accident that had taken place, she and other occupants of the ambulance did not receive any injuries. She was shifted to Jeevan Nursing Home in a separate vehicle and succumbed because of her illness and not because of her injuries.

2. Learned Counsel appearing for the petitioner at the outset submits that he may be allowed to amend the petition and in the prayer claus











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