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2016 Supreme(SC) 541

J.CHELAMESWAR, A.M.SAPRE
Rakesh Kumar & Etc. Etc. – Appellant
Versus
United India Insurance Company Ltd. – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are filed against the common final judgment and order dated 22.05.2014 passed by the High Court of Punjab and Haryana at Chandigarh in F.A.O. Nos. 6935, 6937, 6977 of 2011 and 907 of 2012 (O&M) wherein the High Court partly allowed the appeals of the Insurance Company and reversed the award dated 13.09.2011 of the Motor Accident Claims Tribunal, Ambala in MACT Case Nos. 97, 109 of 2008 and 28 of 2009 and exonerated the Insurance Company from the liability arising out of the accident.

3. Facts of the case lie in a narrow compass. They, however, need mention in brief to appreciate the short controversy involved in the appeals.

4. On 16.09.2008, Sheo Ram, Madan Mohan, and Mohindro Devi along with others were traveling in a three wheeler bearing Registration No. PH-11TC-468 from Naraingarh to Shahzadpur. Madan Mohan was driving the three wheeler on the left side of the road. At about 10.30 a.m., when the three wheeler reached near Bus stop of Village Bharanpur on Naraingarh Shahzadpur Road, a truck bearing Registration No. HR-37-C-7937, which came from the opposite side, struck the three wheeler. Though its driver Madan M




















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