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1990 Supreme(MP) 80

R.K.VERMA
New India Assurance Co. Ltd. – Appellant
Versus
Rambhabai – Respondent


JUDGMENT

R.K. Verma, J.

1.This is an appeal filed by the appellant insurance company against the award dated 1.7.1980 made by the Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 45 of 1977 whereby the learned Tribunal has awarded Rs. 15,000/- as compensation in respect of the death of the deceased Bhagwandas who died as a result of motor accident on 2.6.1976.

2. The facts giving rise to this appeal, briefly stated, are as follows:

On 2.6.1976, the deceased Bhagwandas, husband of the claimant-respondent No. 1, was travelling with his goods on the truck bearing registration No. 6993 which was coming from Indore to Kumbhraj, being driven by the driver Ramgopal, respondent No. 3. While the truck was near Kanasia on way to Kumbhraj, in the morning hours, it fell down near a culvert as a result of which the deceased Bhagwandas sustained injuries and died instantaneously. The claimant-respondent No. 1 who is the widow of the deceased Bhagwandas filed a claim petition under Section 110-A of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the driver of the truck, its owner and the insurer, for compensation amounting to Rs. 2,90,000/- on account of death of her hu











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