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2001 Supreme(MP) 57

R.D.VYAS, SHAMBHOO SINGH
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
CHAND RATAN – Respondent


Advocates Appeared:
DANDVATE, PUNEGAR

SHAMBHOO SINGH, J.

( 1 ) THIS judgment shall govern the disposal of M. A. No. 197 of 1995 filed by National Insurance Co. Ltd. and M. A. No. 182 of 1995 filed by the claimants for enhancement of compensation amount against the award dated 20. 12. 1994 passed by Addl. M. A. C. T. , dewas, in Claim Case No. 85 of 1993.

( 2 ) CLAIMANTS' case is that on 19. 8. 1990, their son, the deceased Suresh Kumar was coming in taxi car No. MOD 6151, belonging to non-applicant No. 1 driven by non-applicant No. 2 from Bhopal and was going to Indore. Near Jetpura village truck no. CPJ 6818 belonging to non-applicant no. 4, driven by non-applicant No. 5 and insured with the non-applicant No. 6 was parked without parking lights on or any signal. At about 11 p. m. the car No. MOD 6151 came from Bhopal side and dashed against the back portion of the truck no. CPJ 6818, as a result of which Suresh kumar sustained injuries and died on the spot. The deceased was aged about 20 years. He was proprietor of Barkha Bottle bhandar and was earning Rs. 10,000 per month. The claimants filed claim case seeking compensation of Rs. 20,00,000. The non-applicant No. 1, the owner and non-applicant No. 2, the driver of th







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