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2017 Supreme(Del) 3183

R.K.GAUBA
New India Assurance Company Ltd. – Appellant
Versus
Master Dhruv Kathuria – Respondent


Advocates Appeared:
For the Appellant : Mr. Vinod Trisal.
For the Respondents: Mr. B.R. Sachdeva and Mr. Shekhar Aggarwal.

JUDGMENT :

R.K. GAUBA, J.

1. On 12.06.2012, Amit Kathuria, a serving officer of Indian Air Force, with his wife Durga Kathuria and toddler son Ram Kathuria (8 months old) were travelling in Honda City Car bearing registration no. HR-51T-9068 from Pune to Hyderabad in the area of village in Basavakalyan, Sastapur, Karnataka when their vehicle was hit by a lorry trailer bearing registration no. NL-01-G-6545 (the offending vehicle), admittedly insured against third party risk with New India Assurance Company Ltd. (appellant in MACA No. 174/2016 and 287/2016). All the three said persons died as a result of the injuries suffered. They are survived by Dhruv Kathuria son of the couple and Gulshan Lal Kathuria and Champa Kathuria, parents of Amit Kathuria (collectively the claimants), the latter two being the parent-in-law of the deceased Durga Kathuria.

2. Three accident claim cases were instituted, one (case no. 692/2012) on account of the death of the child Ram Kathuria, the second (suit no. 693/2012) on account of the death of Amit Kathuria and the third (suit no. 694/2012) on account of the death of Durga Kathuria. In each, the three said claimants were the petitioners. The cases institu




















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