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2007 Supreme(MP) 1173

RAJENDRA MENON
Shiv Ram Singh – Appellant
Versus
Rameshwari Bai – Respondent


Advocates Appeared:
R.P.Gupta,

Judgment

( 1. ) CHALLENGING an orderdated 22 November, 2007 passed by the Motor Accidents Claims tribunal, Guna, rejecting an application filed by the petitioner under Order XXI, Rule 58 of c. P. C. with regard to attachment of the property said to have been received by the petitioner in partition effected under the provisions of the m. P. Land Revenue Code, 1958 (hereinafter referred to as the Codes) i. e. Section 178 of the Code, petitioner has filed this petition.

( 2. ) FACTS in brief are that due to the death of one Ramesh Chandra Sharma, a claim petition was filed by his wife and his legal heirs i. e. respondents No. 1 to 6. Theclaimstribunal passed award on 9th September, 2005 directing payment of compensation to the legal heirs of the deceased Ramesh Chandra Sharma. In the award passed it was held that as the vehicle in question is not insured, therefore insurance Company is not liable to pay any compensation and the entire liability is to pay the compensation is on Chandan Singh, the owner of the vehicle. Appeal filed against the award in the High Court was dismissed and a special Leave Petition filed before the Supreme court which was also dismissed on 7th february, 2007. T



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