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Geeta Dubey & Ors. vs. United India Insurance Co. Ltd. & Ors. (SC)

50.00 5.00

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Motor Accident Claims–Accident–Involment of vehicle–High Court set aside the award with the view that the claimants failed to establish the involvement of vehicle–FIR was lodged clearly giving the date, time and the place where the accident happened–An unknown truck was mentioned in the FIR–Deceased was treated in hospital and died–Claimants explained the delay by stating that after the death, they took time to regroup themselves and set about investigating and collecting information about the accident–Thereafter, they submitted the application to the Superintendent of police giving the list of witnesses of the accident–Thereafter, the charge-sheet was filed against the respondent-driver–Vehicle was seized by the police and it was given on supurdginama–PW 2 clearly stated that the alleged truck was driven in rash and negligent manner and hit the car of deceased–Witness of Insurance Company admitted that no information or complaint was received that the claimants are trying to wrongly include the said vehicle–No allegation by the Insurance Company that it was a case of collusion–Claimants discharged their initial burden–Award passed by the MACT deserves to be restored.