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1997 Supreme(MP) 613

R.D.SHUKLA, SHAMBHOO SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Surgyan Singhaniya – Respondent


Advocates:
M.L. Dhupar for appellant; S.S. Garg, G.S. Purohit and V.K. Jain for
respondents.

ORDER

Shukla, J.--1. Appeal is directed against the judgment and ward dated 23.10.90 of the M.A.C.T., Dewas, whereby clamants (respondents No.1 to 4 here) have been awarded compenation of Rs. 3,72,000/- as compensation for the death of Omprakash Singhaniya who died in a motor accident on 6.3.84 with a further direction that out of the amount of Award Rs. 50,000/- shall be paid by Oriental Fire and General Insurance Co. (respondent No.7 here) and the rest of the amount of Rs. 3,22,000/- shall be paid by appellant here who was non-applicant No.5 before the Tribunal and is insurer of motor-bus No. MNP 8103.

2. This appeal has been filed by the Insurance Co. (insurer of motor-bus).

3. Brief history of the case is that on the date of accident i.e. 6.3.84 Omprakash was travelling in motor-bus No. MNP 8103 scheduled for Indore to Bhopal. The motor-bus was driven by Sardaqr Gurucharansingh (who also died in the accident) and was owned by Nandkumar (respondent No.8 here). The• motor bus reached a place Khatamba Dargaha-nearly 8 Kms. between Dewas and Sonkatch. Motor truck No. MPC 4297 driven by Rajekhan (respondent No. 6 here), owned by Betanlal Sahu (respondent No. 6 here) and insured by Orie









































































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