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ALLAHABAD HIGH COURT
S. P. Mehrotra, S. S. Tiwari, JJ.
Insurance Company – Appellant
Versus
Bilal – Respondent
| Table of Content |
|---|
| 1. introduction of the case and background of the accident. (Para 1 , 2 , 3 , 4 , 5) |
| 2. tribunal's findings on issues of negligence and liability. (Para 8 , 10 , 11 , 12) |
| 3. discussion on insurer's obligations under the policy. (Para 19 , 22 , 23) |
| 4. legal principles governing claims and rights of recovery. (Para 27 , 31 , 38) |
| 5. conclusion of the judgment. (Para 44) |
1. The present Appeal has been filed under S.173 of the Motor Vehicles Act, 1988 , against the Judgment and Order / Award dated 12.5.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 405 of 2007 filed by the claimant - respondent no. 1 on account of the injuries sustained by him in an accident which took place on 23.2.2007 at about 3.45 in the after - noon.
2. The case of the claimant - respondent no. 1 was that on 23.2.2007, Dilshad Malik and Bilal (claimant - respondent no.1) were going from Meerut to Hapur on a Motorcycle bearing Registration No. UP14 - AF 6136 being driven by the said Dilshad Malik; and that at about 3.45 P.M. when the said Dilshad Malik and Bilal on the said Motorcycle reached near Dhanauta Bus - Stand on Meerut - Hapur Road, a Roadways Bus bear
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