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2009 Supreme(All) 3162

SUNIL AMBWANI, DILIP GUPTA
ORIENTAL INSURANCE CO. LTD – Appellant
Versus
ACHCHELAL – Respondent


JUDGMENT

By the Court.—The Oriental Insurance Company Ltd. has filed this appeal through Shri Suresh Panjwani, Advocate challenging an award dated 20.4.1999 of the Motor Accident Claims Tribunal, Faizabad in Claim Petition No. 47 of 1994, Achchelal and another v. Shatrughan Singh and others, awarding compensation of Rs. 1,20,000/- to the unfortunate father and mother for having lost their 7 year old son, crushed by Ambassador Car No. DBD 9119 insured by the appellant.

2. Shri Nand Lal Maurya, PW-1, the eye-witness, who was sitting outside his house on a cot close to the place of accident had witnessed the accident on 11.2.1994 at 11.30 p.m.; PW-2, Ram Ujagar, a chance witness, walking near the side of the road for getting a hair cut, deposed that he had heard some noise, and reached the spot at 11.30 p.m. He found the deceased child Sunil lying in a crushed state on the western pavement of the street. The PW-3 Daya Ram also deposed that he was sitting with Nand Lal outside his house, when he saw the accident.

3. DW-1 Heera Prasad, the driver of the Ambassador car stated that, when he was about 10-15 mtrs. from the incident driving at a speed of 10-20 km. per hour, he saw that a child























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