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1996 Supreme(MP) 745

A.S.TRIPATHI
National Insurance Company Ltd. – Appellant
Versus
Union Of India (Uoi) And Ors. – Respondent


JUDGMENT

A.S. Tripathi, J.

1. The Motor Accident Claims Tribunal, Shivpuri by order dated 28th of November, 1994, gave an award for payment of Rs. 14,500/- as compensation by the appellant to respondent No. 1 for the damage done to the vehicle of respondent No. 1 by a bus insured.

2. On 24th of August, 1991, one vehicle No. DLIG 6716 belonging to the Central Reserve Police Battalion was being driven on its left side on Shivpuri-Jhansi Road. One Bus No. MP 08-3271 being driven rashly and negligently from the opposite side dashed against the vehicle of C.R.P.F. on the wrong side causing extensive damage to the vehicle. This accident took place near Chinkara Motel on Shivpuri-Jhansi Road. A claim was put in for the damage by the respondent No. 1.

3. The appellant/Insurance Company and the respondents 2 and 3 who are the owner and driver of the bus had contested the claim petition. They had stated that the driver of the bus was not negligent.

4. The Tribunal framed necessary issues and came to the conclusion that the bus was being driven rashly and negligently and dashed against the vehicle of C.R.P.F. on the wrong side causing damage to the vehicle to the extent of Rs. 14,500/- for which n








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