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2019 Supreme(Jhk) 881

S.N.PATHAK
Manish Waghmare through Branch Manager, SBI General Insurance Company Ltd. – Appellant
Versus
Anandi Mandal – Respondent


Advocates Appeared:
For the Appellant :Mr. Manish Kumar, Advocate.
For the Respondent:Mr. Pratush Lala, Advocate.

ORDER :

Heard the parties.

2. This appeal has been preferred against the Award dated 08.03.2016 passed by the District Judge-VI-cum-MACT, Dhanbad in Title (M.V.) Suit No. 295/2013 whereby and whereunder the learned Tribunal has been pleased to allow the claim petition of the applicants and claimant was awarded a sum of Rs. 2,02,000/- as compensation and the appellant was directed to pay the same along with interest @ 9 % per annum from the date of filing of claim within a period one month from the date of order. It is further held that insurance company-appellant is entitled to recover the said amount from the O.P. No.1-respondent No.2 herein, the owner of the offending vehicle.

3. As per the claim application factual matrix is that the claimant-respondent No.1 is the legal heir of the deceased Rajendra Mandal being Son. On 23.11.2013 at about 10:00 am, Rajendra Mandal after crossing G.T. Road was going towards Durga Mandir but suddently, a truck bearing Regn. No. WB 11B 2585 came very rashly and negligently from the side of Barwadda and dashed Rajendra Mandal as a result of which, he fell down and wheel of the truck ran over the body of Rajendra Mandal. His body was divided into seve

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