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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
A. Pasayat, CJ
Insurance Company – Appellant
Versus
Claimants – Respondent
| Table of Content |
|---|
| 1. establishes the basis for the insurance claims and accident details. (Para 1 , 2 , 3) |
| 2. discusses arguments regarding insurance liability and premium payments. (Para 4 , 5) |
| 3. court's observations and principles applied regarding insurance policy validity. (Para 6 , 7) |
| 4. conclusion of appeals regarding compensation and final orders. (Para 8 , 9) |
1. This order shall govern the aforesaid both the appeals, i.e., M.A. Nos. 1871 and 2039 of 2009, as both are arising out of the same award and relating to the same accident. M.A. No. 1871 of 2009 has been filed by the insurance company and M.A. No. 2039 of 2009 has been filed by the claimants for enhancement of compensation.
2. The facts giving rise to these appeals are that on 7.8.2006 at about 12.30 a.m., in the night Nanalal was going from Kariya to Sailana in loading Tempo bearing engine No. R6A20340 and chassis No. 005915, as per the instructions of the respondent No. 8 for carrying goods, the driver of the said loading Tempo driving the said vehicle rashly and negligently, turned the said Tempo turtle and as a result, Nanalal died. The respondent Nos. 1 to 6 had filed a claim petition under S.163 - A of the Motor Vehi
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