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2009 Supreme(SC) 1380

S.B.SINHA, DEEPAK VERMA
New India Assurance Co. Ltd. – Appellant
Versus
Kusum – Respondent


Advocates appeared:
Mrs. Nanita Sharma, Satbir Pillaina, M.K. Bhardwaj, Ashok K. Mahajan, A.K. De, Rajesh Dwivedi, R.C. Kaushik, Ms. Madhuri Gupta, Ms. Rani Chhabra, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

3. We would, however, notice the fact of the matter from CA @ Special Leave Petition (C) No.3372 of 2007.

On or about 14.7.1999, respondent No.3 was traveling in a bus bearing Registration No.PB-23-0189 which met with an accident as a result of which the deceased, Sanjay Kumar, got injured and while being taken to the hospital, he succumbed thereto. The said bus was owned by New Patiala Bus Service (Regd.) Sirhind, the respondent No.4 herein.

Legal representatives of the deceased filed a claim petition before the Motor Accidents Claim Tribunal which by its order dated 4.12.2001 awarded a sum of Rs.2,68,800 by way of compensation. The learned Tribunal held that the driver of the bus had not been possessing a valid driving licence. The primary liability to pay the said amount was held to be that of respondent No.3 and 4, the driver and owner of the bus. The appellant was directed to deposit the amount directing that the company may recover the same from respondent Nos.3 and 4. Pursuant to the said
























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