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2016 Supreme(Del) 429

R.K.GAUBA
ICICI LOMBARD GENERAL INSURANCE CO. LTD. – Appellant
Versus
SARASWATI DEVI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Suman Bagga, Adv.
For the Respondent:Mr. Jitender Kamra, Adv. for claimant/respondent No.1.
Mr. Pankaj Seth, Adv. for National Insurance Co. Mr. Zamir Ahmed, Adv. for R-2.
Mr. M.L. Sharma, Adv. for R-3.

JUDGMENT :

R.K. GAUBA, J.

1. On 4.8.2007 at about 1 p.m., a motor vehicular accident took place in the area of village Kelawan PS Salempur, Tehsil Sikarpur, District Bullandshahr, UP initially involving two vehicles, namely, mini truck make TATA 407 bearing registration No. UP 13A 1830 (so described in the pleadings and impugned judgments and hereinafter referred as “the offending vehicle”) and Toyota Qualis bearing registration No. DL IVA 3364 (hereinafter referred to as “the Qualis”). In the wake of the collision between the offending vehicle and Qualis, a third vehicle, also on the move at the same place and on the public road, namely Indigo bearing registration No. UP 13N 3322, (hereinafter referred as “the Indigo”) got entangled, making it a multiple collision. Several persons were injured in the accident including Dr. Tej Singh Verma who was travelling with his wife Saraswati Devi in the Qualis. Dr. Tej Singh Verma died as a consequence. The Qualis was driven at the relevant point of time by Anil Kumar who also received severe injuries and succumbed to the same. Another person named Bhagwan Singh was also travelling in the Qualis and was similarly injured.

2. A claim petition un





















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