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2019 Supreme(Chh) 635

GAUTAM CHOURDIYA
ORIENTAL INSURANCE CO LTD. – Appellant
Versus
SUBRAMANIYAM MUDALIYAR – Respondent


Advocates Appeared:
R.N. Pusty, Adv., Rakesh Dubey, Adv.

JUDGMENT :

Gautam Chourdiya, J.

As all these above appeals arise out of the same accident occurred on 22.10.2012 involving the same vehicle Bus bearing registration No. CG-4/E/1311 (hereinafter referred to as "offending vehicle"), they are being disposed of by this common judgment.

2. All these appeals arise out of separate awards dated 07.07.2015 passed by the Seventh Additional Motor Accident Claims Tribunal, Raipur (C.G.) in Claim Cases No. 4 of 2014 [M.A.(C) No. 1281 of 2015]; 3 of 2014 [M.A.(C) No. 1266 of 2015] and 5 of 2014 [M.A.(C) No. 1267 of 2015] awarding compensation in favour of the Claimants of Rs. 59,849/-; Rs. 65,202/- and Rs. 22,046/- with interest @ 6% per annum from the date of claim applications till realization respectively fastening liability on the Insurance Company/non-applicant No.3 along with non-applicant Nos. No.1 & 2 jointly and severally.

3. Facts of the case, in brief, are that on 22.10.2012 at about 04:00 p.m. due to rash and negligent driving of the offending vehicle by Respondent No.2/Nonapplicant No.1, owned by non-applicant No. 2 and insured with non-applicant No.3, the said vehicle dashed the Scooty bearing registration No. CG-04/CZ/0564 of the Clai








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