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1995 Supreme(MP) 101

R.D.SHUKLA
Oriental Insurance Co. Ltd. – Appellant
Versus
Makni – Respondent


Advocates:
V.V. Dandwate for appellant; Sanjay Patwa for respondents.

JUDGMENT

This appeal is directed against the award dated 22.1.86 of M.A.C.T. Jhabua passed in Claim Case No. 34/84, whereby the respondents No.1 and 2 have been awarded a compensation of Rs. 36,000/- in all for death of Lalia who died in' motor accident on 3.6.1984.

The brief history of the case is that deceased Lalia was working as motor cleaner in M.P.M. 3581, which was owned by respondent No.4 and driven by respondent No. 3.The truck was driven in a rash and negligent way, it dashed against hillock against the road side and turned turtle. Lalia sustained injury and died in consequence thereof as such claim petition for compensation of Rs. 2.5 lac was filed. It was contested by the respondents including Insurance Company (appellant here). The learned tribunal has awarded compensation as above, holding it to be that the accident occurred due to rash and negligent driving of the vehicle by Respondent No.3. The contention of the Insurance Company (appellant here) that the driver was not having valid licence, was rejected. Hence, this appeal by Insurance Co. Learned counsel for appellant further contended that the insurance company was not given proper opportunity of adducing






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