S.K.KULSHRESTHA, S.P.KHARE
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
KAMLA PRASAD – Respondent
( 1 ) THIS is an appeal by the insurance company under section 173 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') challenging the order by which compensation has been awarded to the claimants on their application under section 166 of the Act. The order in this appeal will also govern the disposal of connected Misc. Appeal Nos. 844 to 848, 850, 852, 865, 866, 867, 879 and 880 of 2001.
( 2 ) THE facts relevant for the decision of the points raised in this appeal are that on 8. 4. 1994 there was a collision between a minibus No. MP 20-E 9311 and tanker No. MP 20-A 8447 coming from the opposite directions on the main road near village nigri. The minibus was owned by nonapplicant No. 1 Prabha Sharma and insured by non-applicant No. 2 United India Insurance Co. Ltd. The tanker was owned by non-applicant No. 3 Subhash Chandra and insured with non-applicant No. 4 National insurance Co. Ltd. It was being driven by non-applicant No. 5 Heera Bahadur. The driver of the minibus died on the spot. Ten other persons travelling in the minibus also died and five were injured. 16 cases were filed before the Claims Tribunal, Jabalpur. These were consolidat
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