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2017 Supreme(Del) 2756

R.K.GAUBA
National Insurance Co. Ltd. – Appellant
Versus
Momina – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pankaj Seth
For the Respondents: Mr. M.K. Sharma, Mr. Ratish Kumar Sharma, Mr. J.K. Srivastava

JUDGMENT :

1. Mahboob, husband of the first respondent in MAC APP.769/2015 with his relative Khursed @ Jinda Hasan, first respondent in MAC APP.773/2015 were going to Baghpat on motorcycle bearing registration No.DL-5S-AA-1604 (the motorcycle) on 16.08.2012 when, in the area of village Katha, Baghpat, U.P., they met with an accident on account of negligent driving of bus bearing registration No.PB-08-AN-6051 (the bus), admittedly insured against third party risk with the appellant (insurance company) of these two matters. Mahboob died in the consequence of the injuries suffered while Khursed @ Jinda Hasan suffered permanent disability, his functional disability having been assessed to the extent of twelve per cent (12%). The first respondent (in MAC APP.769/2015) with other family members dependent upon the deceased (Mahboob), they being first to fourth respondents (collectively, the claimants), filed accident claim case (MACT No.94/2013) seeking compensation, while injured Khursed @ Jinda Hasan filed his own accident claim case (MACT No.93/2013), each instituted on 23.03.2013, the appellant insurance company having been impleaded as the first respondent in both the cases, in additi















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