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2008 Supreme(Jhk) 587

D.K.SINHA
Oriental Insurance Co. Ltd. – Appellant
Versus
Neelu Devi – Respondent


JUDGMENT

D.K. Sinha, J.

1. This miscellaneous appeal is directed against the award passed by Additional District Judge, Fast Track Court No. III-cum-Motor Vehicle Accident Claims Tribunal, Jamshedpur in Compensation Case No. 38 of 2001 on 4.4.2006, whereby and whereunder, the appellant Oriental Insurance Co. Ltd. was directed to pay a sum of Rs. 5,60,000/- to the claimants-Respondents No. 1 to 4 (third party) by indemnifying the owner of the insured vehicle and satisfying the claim of the claimants minus the amount already paid to the claimants as interim compensation with the interest thereon at the rate of 6 per cent per annum since 22.5.2001.

2. The brief fact of the case was that one Omprakash Verma (since deceased) was travelling in an Ambassador car on 1.4.2000 with other four co-passengers. At about 6 p.m. the Ambassador car collided with the offending truck bearing registration No. MP-26D-0470, allegedly being driven by the driver Harinaryan Yadav @ Harinath Yadav, respondent No. 6 rashly and negligently as a result of which all the five occupants of the Ambassador car including Omprakash Verma sustained grievous injuries.

3. The driver and the cleaner of the offending truc






















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