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1996 Supreme(MP) 134

N.K.JAIN, A.R.TIWARI
Prakash – Appellant
Versus
Amrutlal – Respondent


Advocates:
R.N. Dave for appellant; Surjeet Singh for respondent No.3.

JUDGMENT

N.K. Jain, J.--1. This is an appeal by the claimant u/s. 173 of the Motor Vehicles Act, 1988 from the award dated 20th August 1994 passed by VIth Addl. Motor Accident Claims Tribunal, Indore in his Claim Case No. 64/91 awarding him compensation of Rs. 81,931/- against the respondent No.1 and 2 and not against Ins. Company (respondent No.3).

2. Briefly stated facts as unfolded are that the claimant met with an accident, occurring on 22.4.1991 at 5.30 P.M. on Nemawar Road, near Indore, by the truck bearing registration number MPM 3265 owned by the respondent No. 1 and driven by the respondent Nof. 2. The appellant fractured his right leg which had to be ultimately amputated. The vehicle was insured earlier with The New India Insurance Company Ltd., upto 15.3.1991 but instead of obtaining a renewal, a fresh insurance was taken from the respondent No.3 (The Oriental Insurance Company Ltd.,) on22nd April 1991 which is the date of the accident. These facts along with the finding of the Tribunal that the accident occurred due to actionable negligence on the part of the driver of the vehicle are not disputed before us.

3. The appellant claimed Rs. 5 lacs as compensation from all the





















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