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2016 Supreme(Del) 1825

R.K.GAUBA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
HARBHAJAN KAUR – Respondent


Advocates Appeared:
Mr. Pankaj Seth & Shoumik Mazumdar, Advs. for National Insurance Company Ltd.
Mr. Rajinder Gulati & Mr. Anurag Bindal, Advs. for claimants Mr. Amit Dhupar and Mr. Angad Mehta, Advs. for The Hind Samachar Ltd. (Delhi Unit).
Mr. Amish Tandon and Mr. Mayank Grover, Advs. for R-1 in MAC.APP.No.152/2007.

JUDGMENT :

R.K. GAUBA, J.

1. These twenty six appeals arise out of a common judgment rendered on 27.11.2006 by the motor accident claims tribunal (the tribunal) whereby twelve accident claim petitions, each preferred under Sections 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act) were adjudicated upon. The claim petitions sought compensation on account of death or injuries suffered by various persons in a motor vehicular accident that had occurred at about 0245 hours on 26.01.1993 in the area of junction of Rohtak Road and Ring road which is popularly known as Peeragarhi crossing, it involving collision between two motor vehicles, one described as Matador bearing registration no.PB-08F-4581 (the matador) and the other Tata-407 bearing registration no.PB-08E-1958 (hereinafter referred to variously as Tata-407 or the offending vehicle). The matador was driven by Kulvir Singh and was carrying a number of persons including Major Singh Bagry, Nirmal Singh, Harvinder @ Harjinder Kaur, Trilochan Singh Bagry, Balbir Singh, Mewa Singh, Bakshish Kaur, Baljinder Singh and a child named Master Gurjit Singh, besides one Mangat Ram. While Mangat Ram and one Baljinder Singh survived with some
































































































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