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1997 Supreme(MP) 401

R.S.GARG
ORIENTAL INSURANCE CO. LIMITED – Appellant
Versus
GOURIBAI – Respondent


Advocates Appeared:
A.KHASKALAM, N.C.BEOHAR

R. S. GARG, J.

( 1 ) ONE Mehtaruram was in the employment of Bhilai Steel Plant, Bhilai, District Durg. On 1-9-92, at about 11. 00 p. m. , Mehtaruram who was working in the Bhilai Steel Plant was going back to his house, was dashed and hit by a Maruti Car Bearing Registration No. MOR 247, the vehicle was being driven by Rajendra Kumar. The car belonged to M/s. Ferro Scrape Corporationlimited and was under immediate control of the Asstt. Manager (Personnel) Ferro Scrape Corporationlimited The vehicle was insured with the appellant/oriental Insurance Company. According to the allegations made in the claim petition, the vehicle was driven rashly and negligently. After hitting the deceased, the driver fled away from the spot. Mehtaruram was admitted in the hospital, who died on 2-9-92 at 0. 30 a. m. The claim petition further states that the claimant was about 52 years of age, was to work for more than six years and would have earned a good amount for the family. The claimants who are respondents No. 1 to 5 in this case claimed a sum of Rs. 4,68,920/- as compensation. An application under Section 140 of the Motor Vehicles Act was also filed seeking compensation under the provisions of n























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