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2023 Supreme(Jhk) 112

SANJAY KUMAR DWIVEDI
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Rinku Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Alok Lal, Advocate
For the Respondent:Mr. J.N. Upadhyay, Advocate, Mr. Gautam Kumar Pandey, Advocate.

JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard Mr. Alok Lal, learned counsel for the appellant, Mr. J.N. Upadhyay, learned counsel for the claimants [respondent Nos. 1 to 3] and Mr. Gautam Kumar Pandey, learned counsel for the owner [respondent No. 4].

2. The present appeal has been filed being aggrieved and dissatisfied with the judgment/award dated 22.09.2015, passed by the learned District Judge-III-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur, in Compensation Case No. 99 of 2010.

3. The compensation case was filed by widow and children of the deceased, who died in the road accident. It has been alleged that vehicle was owned by brother of the deceased, however, it was managed by deceased and deceased was earning Rs. 13,000/- per month. It has further been alleged that deceased went to Ranchi with friends, however, later on the pretext of illness of grandmother of Harish, he was taken to Bihar and was murdered. It has been further alleged that at the time of accident, vehicle was insured with the insurance company and insurance policy was comprehensive policy and regarding income of the deceased, PAN Card and IT Return have been filed.

4. Mr. Alok Lal, learned counsel appearing

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