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2017 Supreme(All) 855

SAUMITRA DAYAL SINGH
MEERA DEVI – Appellant
Versus
GURDEEP SINGH – Respondent


Advocates:
Counsel :
Y.K. Saxena, M. Jain and Rang Nath Pandey for the Appellants; P.K. Bisaria and Shesh Kumar for the Respondents.

JUDGMENT

Hon’ble Saumitra Dayal Singh, J.—Upon the matter being heard at length on the last date i.e. 8.8.2017. The below quoted order was passed:

“This appeal has been filed by the claimants against the award of the Motor Accident Claims Tribunal, Agra dated 7.5.1991 in M.A.C. Case No. 132 of 1989.

According to the claim petition that was stated to have been filed on 15.3.1989, Purshottam was driving a horse-cart on 30.12.1988 on the Agra-Gwalior when his horse-cart was hit from behind by truck bearing registration No. CPF-9015 being driven in a rash and negligent manner. As a result of the accident, the horse-cart overturned and the deceased received grievous injuries to which he succumbed on the spot. The said truck was said to be insured by the New India Assurance Co. Ltd.

The insurer filed appearance before the Tribunal and opposed the claim. On merit it relied on alleged FIR lodged by Ram Babu the brother of the deceased Purshottam. While the original record is before this Court, a perusal of the same reveals copy of the FIR is not available. However, learned counsel for the appellant-claimants has supplied a copy of the said document, which copy itself is claimed to be photoc






































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