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2000 Supreme(MP) 592

C.K.PRASAD
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
RAJENDRA PRASAD BHATT – Respondent


Advocates Appeared:
ATULANAND AVASTHI, N.S.Ruprah, VIVEKANAND AVASTHY

C. K. PRASAD, J.

( 1 ) BY this writ petition, filed under Articles 226 and 227 of the constitution of India, the petitioner prays for quashing of the order dated 5. 8. 1999 (Annexure P-1) passed by the Motor Accidents claims Tribunal in Claim Case No. 2 of 1999 whereby, the objection taken by the petitioner as regards to the maintainability of the application has been overruled.

( 2 ) SHORT facts giving rise to the present writ petition are that respondent Nos. 1 to 4 filed application before the Motor Accidents claims Tribunal under sections 161 and 163 of the Motor Vehicles Act, claiming compensation of Rs. 25,000 on account of death of their father in a hit and run motor accident. Petitioner appeared and took objection to the jurisdiction of the motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal') to grant compensation in case of hit and run motor accident. The Tribunal by the impugned order held that it has jurisdiction to entertain the application and overruled the objection.

( 3 ) MR. N. S. Ruprah appears on behalf of the petitioner. Mr. Atulanand Awasthy appears for respondent Nos. 1 to 4 whereas, respondent No. 5 is represented by Mr. Vivekanand Awast







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