NEW INDIA ASSURANCE CO LTD Vs. INDER DEO OJHA
LAWS(ALL)-2001-11-73
HIGH COURT OF ALLAHABAD
Decided on November 05,2001

NEW INDIA ASSURANCE CO.LTD. Appellant
VERSUS
INDER DEO OJHA Respondents

JUDGEMENT

Narain, Sahai, JJ. - (1.) This appeal is directed against the award dated 7.9.2001 passed by the Motor Accidents Claims Tribunal, Gorakhpur (in short 'the Tribunal') awarding Rs. 1,50,000 as compensation to the claimants-respondents.
(2.) The claim petition was filed by the claimants-respondents with the allegations that Raj Kumar, son of respondent Nos. 1 and 2, aged about 14 years, while he was going on bicycle on 18.9.1992 at about 10.30 a.m. from his village Ujhawali to Surdaha, when he reached near kutchhi patri of Gola Barhalganj, then from north, a tractor No.UHW 4634 dashed against him with the result he received serious injuries and died on the spot.
(3.) The appellant contested the claim petition on various grounds. It was denied that the accident was caused due to rash and negligent driving of the driver and it was further urged that on the date of accident the vehicle in question was not insured.;


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