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2008 Supreme(MP) 525

R.S.GARG, A.M.SAPRE
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
SETUBAI – Respondent


Advocates Appeared:
Vishal Baheti, V.P.Saraf

Judgment

R.S.Garg, J.

( 1. ) The appellant Insurance Company being aggrieved by the judgment and award dated 10.10.2006 passed by Shri I.S.Shrivastava Member MACT Indore in Claim Case No. 144/2005 awarding a sum of Rs. 5,47,000/-as compensation in favour of respondent No. 1 to 6 has filed this appeal.

( 2. ) The short facts necessary for disposal of the present appeal are, that, a FIR Ex.P/1 was lodged by one Salim Khan at Police Station Dewas informing the Police that while he was going towards Dewas on a Motorcycle a Truck bearing Registration No. U.P.-80/S-9912 had hit another Motorcycle as a result of which the Motorcyclist fell. It was found that the Motorcyclist died on the spot. Thereafter the complainant chased the Truck but the driver of the truck could avoid his apprehension.

( 3. ) On the basis of this FIR the Police reached the spot prepared certain Panchnamas and also recorded the statements of number of the persons. On completion of the investigation, the Police filed challan with a submission that Truck No. U.P. 80/S-9912 was not involved in the accident but in fact Bus No. M.P.09-S/1732 was involved in the accident. The respondent No.1 to 6/ original claimants filed a c













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