SARBA MAURYA Vs. ORIENTAL INSURANCE COMP. LTD

JUDGEMENT

(1.) Heard learned counsel for the appellants, Shri Dhawalbir Prasad holding brief of Shri Mukund Tewari, learned counsel for the respondent No.1 and Shri Satyajit Banerji, learned counsel for the respondent No.3.

(2.) As per the order of this Court dtd. 23/9/2019, notice has been issued to respondent No.2. Respondent No.2 is also respondent No.7 in the connected First Appeal from Order No.1211 of 2011, and has been served sufficiently but no objections have been filed on his behalf nor anybody appears on his behalf. Accordingly, the Court proceeds to hear the appeal and decide it on merit.

(3.) Bereft of unnecessary details facts of the case are that an accident is said to have occurred on 13/9/2002 involving a tempo of the deceased Munni Lal, husband of appellant No.1 and the father of appellants No.2 to 5 and a D.C.M. which resulted in the death of Shri Munni Lal.