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NUPUR BHATI
Cholamandalam Ms General Insurance Company Ltd. – Appellant
Versus
Udai Bai W/o. Late Sh. Mangi Lal – Respondent
JUDGMENT :
1. The writ petition has been preferred praying for the following reliefs :-
2. The factual matrix of the case is that the respondent claimants preferred a claim petition under Section 166 of the Motor Vehicles Act,1988 seeking compensation on account of death of Shri Mangilal in an accident, which took place on 02.09.2019. It was submitted in the claim petition that on 02.9.2019, deceased Mangilal was going towards Umarda while driving his motor-cycle. A truck bearing No.RJ-14-GE-5602 was running ahead the said motor-cycle, which was driven by the deceased and one car no.RJ-27-IC-6313 was following the motorcycle and tractor no.RJ-27-RB-4273 was
Point of law: As per Section 175 of the Motor Vehicle Act, 1988 as no civil court shall have the jurisdiction to entertain any question relating to any claim for compensation, which can be adjudicate....
In cases of road accidents involving multiple vehicles, all joint tortfeasors must be impleaded for effective determination of liability and contributory negligence under joint and several liabilitie....
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