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CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
United India Insurance Co. Ltd. – Appellant
Versus
Kashi Ram Sahu and Another – Respondent
| Table of Content |
|---|
| 1. challenging the tribunal's decision on liability. (Para 1 , 4 , 5) |
| 2. details of the accident and claimants' arguments. (Para 2 , 3 , 6 , 8) |
| 3. evidence handling and the significance of documents. (Para 10 , 11 , 12) |
| 4. conclusion on insurance liability based on the policy terms. (Para 14 , 15) |
1. Correctness and sustainability of the impugned award dated 7.2.2014 passed in Motor Accident Claim Case No. 12 of 2012 by Member, Motor Accidents Claims Tribunal, Bilaspur, Chhattisgarh is put to challenge in this appeal.
2. Brief facts relevant for disposal of this appeal are that on 19.2.2012, Birbal Sahu was standing on the roadside for returning to his home after completion of his masonry work of laying slab on a under - construction building. At that relevant time, one tractor bearing registration No. CG 10 - D 6764 (hereinafter referred to as 'offending vehicle') driven by respondent No. 3 / non - applicant No. 1 dashed Birbal Sahu, as a result of which he suffered grievous injuries on his person and succumbed to the injuries on the spot. The accident was reported to concerned police station, based on which crime was registered against respondent No. 3 / non - applican
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