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2005 Supreme(MP) 585

A.M.SAPRE, S.K.SETH
NEW INDIA ASSURANCE CO. LTD – Appellant
Versus
ARUN KUMAR – Respondent


Advocates Appeared:
J.B.Dave, S.V.DANDVATE

S. K. SETH, J.

( 1 ) THIS order shall also govern the disposal of following appeals, viz. , C. R. No. 1220 of 1999 and M. A. Nos. 90, 92, 100 to 109 of 2000 details of which are given in Annexure 'a' appended to this order, (omitted) as all of them arise out of the common award whereby various claim petitions were disposed of by the learned First Additional Motor Accidents claims Tribunal, Barwani. ( 2 ) VARIOUS petitions arose out of a road accident between two motor vehicles, viz. , a school bus bearing registration No. MKT 7094 and truck bearing registration No. DL 1-G 8664. The accident took place on 5. 1. 1994 on A. B. Road near village Segwal phata. It is not disputed before us that at the time of accident, the truck which was owned by Kuldeep Singh, respondent No. 3 herein, was being driven by Gurdayal singh, respondent No. 4 herein. The school bus was being driven by respondent No. 5 herein, Bhuwaniram and it was owned by kusum Patidar. On account of the aforesaid accident, 5 persons lost their lives and others sustained personal injuries. In all 14 claim cases were filed and the learned claims Tribunal after recording the evidence found that both drivers, of the truck as w






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