Patna Court February 1994 Judgments
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Dilip Kumar Saha Vs. Runnu Sarkar and anr.
Court: Patna
Decided on: Feb-01-1994
G.C. Bharuka, J.1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), only by the owner of the vehicle against the award dated 12.3.1992 passed by the Accidents Claims Tribunal, Dhanbad, in Title (Motor Vehicle) Suit No. 58 of 1989.2. The appellant is the owner of a truck bearing No. BRY 7343 which was insured with Oriental Insurance Co. Ltd. (respondent No. 2). The said vehicle met with an accident resulting in death of three persons including one Shiban Kumar Sarkar. The present case relates to the claim made by his widow, Runnu Sarkar (respondent No. 1). On appreciation of the evidence the court awarded a sum of Rs. 2,88,000/- out of which the respondent insurance company was directed to pay Rs. 1,50,000/- and the rest amount of Rs. 1,38,000/- has been held to be the liability of the appellant. The Tribunal has not assigned any reason for making this apportionment.3. Mr. Lal, learned Counsel appearing for the appell...
Dilip Kumar Saha Vs. Runnu Sarkar and ors.
Court: Patna
Decided on: Feb-01-1994
Gopi Chand Bharuka, J.1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' only) by the owner of the vehicle against the award 12.3.1992 passed by the Accident Claims Tribunal, Dhanbad, in Title (Motor Vehicle) Suit No. 58 of 1989.2. The appellant is the owner of a Truck bearing No. BRY 7343 which was insured with M/s. Oriental Insurance Company Limited (respondent No. 2). The said vehicle met with an accident resulting in death of three persons including one Shiban Kumar Sarkar. The present case relates to the claim made by her widow Runnu Sarkar (respondent No. 1). On appreciation of evidences the Court awarded a sum of Rs. 2,88,000/- out of which the respondent-Insurance Company was directed to pay Rs. 1,50,000/- and the rest amount of Rs. 1,38,000/- has been held to be the liability of the appellant. The Tribunal has not assigned any reason for making this apportionment.3. Mr. Lal, learned Counsel appearing for the ...
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