ORIENTAL INSURANCE CO LTD Vs. KUSUM DEVI AND 8 ORS
LAWS(ALL)-2018-8-48
HIGH COURT OF ALLAHABAD
Decided on August 09,2018

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Kusum Devi And 8 Ors Respondents

JUDGEMENT

Ashok Kumar, J. - (1.) Heard Sri S.K. Mehrotra, learned counsel for the appellant-insurance company.
(2.) The instant appeal arises out of the judgment and decree/award dated 05.05.2018 passed by Motor Accident Claims Tribunal / District Judge, Siddharth Nagar in M.A.C.P. No. 62 of 2012, by which the learned Tribunal has allowed the claim petition by holding that the accident took place by a vehicle, which was insured with the appellant-insurance company when the accident took place.
(3.) The fact of the case are that on 17.05.2012 the deceased Ram Shubhag @ Pancham was going as a pillion rider on registered two wheeler (motorcycle) bearing no. U.P. 55A/9792 and when the said motorcycle was on way to his residence at about 10:00 a.m. suddenly a dog appeared on the road and to save the dog and due to dis-balance both the motorcycle rider sustained serious injuries, as they fell down and ultimately Shubhag @ Pancham died.;


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