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2021 Supreme(Jhk) 429

ANANDA SEN
Sugandha Devi – Appellant
Versus
Munshi Saw – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shahid Khan, Advocate.
For the Respondent:Mr. Siddhartha Jyoti Roy, Advocate.

JUDGMENT :

Heard the learned counsel for the parties.

2. This appeal has been filed by the claimants challenging the award dated 28.7.2018 passed in Claim Case No. 125 of 2010 by the District Judge, Presiding Officer, Motor Vehicles Accident Claims Tribunal, Hazaribag, whereby, the claim application, filed by the claimants on the ground of death of Tulsi Sao, was rejected.

3. The claim application, for grant of compensation was filed under the Motor Vehicle Act, 1988 by the claimants, who are the wife, children and parents of the deceased, stating therein that on 22.12.2009 at about 8 p.m., Tulsi Sao (deceased) was driving the vehicle-Mahindra Jeep bearing registration No. JH-13A-4213, which was being used for the purpose of business and was loaded with consignment of liquor from Smirdhi Traders. He along with others was going to village Kanhachatti. At about 8:30 p.m to 8:45 p.m, when the vehicle reached near Pandey Mahua Ghati, Katkamsandi Road, he found that the road was blocked by stone barriers. The deceased stopped the vehicle when 10-12 miscreants (road robbers) armed wit

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