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2005 Supreme(P&H) 849

ASHUTOSH MOHUNTA
Suraj Bhan – Appellant
Versus
Anand – Respondent


Judgment

Ashutosh Mohunta, J.

1. The claimant has filed the present appeal against the judgment of the Motor Accident Claims Tribunal, Rohtak dated 31.5.2001 by which no compensation was awarded to the appellant on account of death of his buffalo.

2. In the claim petition under Section 166 of the Motor Vehicles Act it was averred that on 15.11.1998 the claimant along with his buffalo was returning home from the village pond and when he reached near the shop of Jai Bhagwan Thekedar, a truck bearing No. HR-38-A-5983 was coming at a high speed, which was being driven by respondent No. 1 Anand, and it struck against the electric pole as a result of which the electric wires fell on the buffalo which died instantaneously. It was submitted that buffalo was of Murah breed and was yielding 16 litres of milk per day. It was further claimed that on account of death of the Murah buffalo, the respondents are liable to pay a compensation of Rs. 1 lac.

3. A reply was filed by the Insurance Company and they denied the fact of accident having been taken place. It has further been submitted by the Insurance certainty that the accident had taken place in the manner suggested by the claimant. However,




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