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2005 Supreme(MP) 513

R.C.LAHOTI, G.P.MATHUR, A.K.MATHUR
National Insurance Co. Ltd. – Appellant
Versus
Prembai Patel – Respondent


Advocates:
Jitendra Sharma with Jamshed Bey and P.N. Jha for appellant;
T.N. Singh and S.N. Singh for respondents.

JUDGMENT

Mathur, J.--1. The appellant insurance company has preferred this appeal, by special leave, against the judgment and order dated 9.1.1998 of High Court of Madhya Pradesh by which the appeal preferred by respondents No.3 to 6 (claimants) was allowed and the appellant insurance company was directed to pay Rs. 2,10,000/- along with interest @ 12% per annum from the date of filing of the claim petition, i.e., 21.4.1994 as compensation to them on account of death of Sunder Singh in an accident.

2. The respondent No.2, Chiman Patel, was owner of truck No. CIL 5248 and the same was got insured by him with the appellant National Insurance Company Ltd. for the period 18.1.1993 to 17.1.1994. The deceased Sunder Singh, aged about 35 years, was employed by him as a driver of the truck on a salary of Rs. 1,500/- per month. The truck, while carrying a heavy load of firewood, overturned on 9.11.1993, resulting in death of its driver Sunder Singh. Respondents No.3 to 6, who are parents, widow and son of the deceased Sunder Singh; then filed a claim petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), claiming Rs. 5,40,000/- as compensation. Thei











































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