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DEEPAK GUPTA
New India Assurance Co. Ltd. – Appellant
Versus
Sukumar Sutradhar – Respondent
JUDGMENT
Deepak Gupta, CJ.1. Both the appeals are being disposed of by a common judgment since they arise out of the same accident and virtually identical awards.
2. The case of the claimants, briefly, stated as that Parimal Sutradhar was engaged as driver of vehicle No. TR-01-4259. Kartik Saha was the assistant in the said vehicle. The case of the claimants is that both Parimal Sutradhar and Kartik Saha were asked by the owner of the vehicle Sri Bhagaban Debbarma to come to the house to receive the same. They accordingly went to the house of the owner at Padmanagar by driving the said vehicle. Thereafter, when they were returning to Bisramganj by the said vehicle, these two persons were abducted along with the vehicle. Thereafter, these two persons were never heard of and it is presumed that they were murdered. The short question is whether this occurrence is an accident arising out of the use of motor vehicle or not.
3. In Rita Devi (Smt.) And Others vs. New India Assurance Co. Ltd. And Another : (2000) 5 SCC 113, the deceased was the driver of an auto rickshaw owned by some other person. On 22.03.1995, some unknown persons hired the auto rickshaw. They subsequently, stole the auto
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A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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