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2023 Supreme(Jhk) 910

ANANDA SEN
Sanghini Bhagtain – Appellant
Versus
Raza Waris – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nikhil Ranjan, Advocate
For the Respondent:Mr. H.K. Singh, Advocate

JUDGMENT :

Heard the parties.

2. Both these appeals are filed by the same claimants in relation to an accident involving a Tanker bearing Registration No. UP 78B 7215.

3. M.A Case No. 243 of 2003 arises out of the order dated 17.4.2003 passed under Section 140 of the Motor Vehicles Act, in relation to Compensation Case No. 57 of 2002. M.A Case No. 62 of 2009 arises out of the judgment and award dated 21.11.2008 passed under Section 166 of the Motor Vehicles Act, 1988 from same compensation case being Compensation Case No. 57 of 2002. In both the impugned orders, the Tribunal has dismissed the claim application filed by the claimants.

4. The claimants filed an application under Section 166 of the Motor Vehicles Act before the Tribunal claiming compensation. It is the case of the claimants that on 07.01.2002, the deceased Mahabir Bhagat was in a hotel. Next to the hotel, a petrol tanker was parked by the side of the road. Few people were pilfering petrol from the tanker and were filling the same in containers when suddenly the tanker exploded as a result of which several persons received grievous burn injuries including the deceased Mahabir Bhagat. Mahabir Bhagat was taken to the hospita

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