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1997 Supreme(MP) 497

S.K.DUBEY, DIPAK MISRA
ORIENTAL INSURANCE CO. LIMITED – Appellant
Versus
RADHARANI – Respondent


Advocates Appeared:
B.K.RAVAT, R.P.AGRAWAL, RAKESH JAIN

DIPAK MISHRA, J.

( 1 ) SUSTAINABILITY of the award dated 22-7-1996, passed by the Motor Accident Claims Tribunal, Mandla in Claim Case No. 41/94 granting compensation of Rs. 2,22,667/- in favour of legal heirs of the deceased, the respondents Nos. 1 to 8 herein, is called in question by the insurer, Oriental Insurance Company Limited.

( 2 ) THE factual scenario as depicted is as follows :-On 6-5-1993 one Mohanlal boarded a jeep bearing registration No. M. P. 20-A/5692 which was coming from Mandla to Jabalpur. The jeep was driven by Hukumsingh, the respondent No. 9, and owned by Sanjay, the respondent No. 10. As put forth by the claimants the deceased had travelled in the jeep as a gratuitous passenger and was sitting in the front. The jeep was being driven in a high speed. The driver, as alleged, had exhibited rashness and gross negligence. As misfortune would have it, the vehicle deshed against an electric-pole at village Udaipur as a result of which it fell into a ditch. Mohanlal sustained injuries in the said accident and ultimately succumbed to the same. It has been set forth in the petition that Mohanlal was working in Ordinance Factory at Khamaria and was getting Rs. 2300/- t

















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