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1998 Supreme(MP) 718

A.K.MATHUR, DIPAK MISRA
Sukhnandan Ram Sahu – Appellant
Versus
Oriental Insurance Co. Ltd. And . . . – Respondent


JUDGMENT

A.K. Mathur, C.J.

1. All the aforesaid six cases arise out of one accident, therefore, they are disposed of by this common order.

2. Misc. Appeal Nos. 309, 310 and 311 of 1993 are filed by the appellant Sukhnandan Ram Sahu, owner of the tractor and trolley; Misc. Appeal No. 298 of 1993 is filed by claimants Sukaloo and others; Misc. Appeal No. 299 of 1993 is filed by claimants Bisahin and others and Civil Revision No. 264 of 1993 is filed by the Oriental Insurance Co. Ltd.

3. For convenient disposal of all the aforesaid cases, the facts given in Misc. Appeal No. 309 of 1993 (Sukhnandan Ram Sahu v. Oriental Insurance Co. Ltd.) are taken into consideration.

4. On 28.2.1988 in the evening, the appellant Sukhnandan Ram Sahu, owner of the tractor and trolley, directed his younger brother Madanlal that he should take the tractor to Mahasamund for some agricultural work on the next day and had sent Bisahu, Jailal, Puniyabai, Suklabai, Derha and Mongrabai as coolies to Mahasamund in the tractor-trolley. It is alleged that Madanlal was driving the said tractor-trolley rashly and negligently and he lost the balance near Mongra Bridge and it turned turtle. The accident occurred at about 1

















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