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2017 Supreme(Del) 3104

R.K.GAUBA
GIASI RAM – Appellant
Versus
ICICI LOMBARD GENERAL INS. CO. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Isha Khanna, Adv.
For the Respondent: Mr. A.K. Soni Adv., Mr. Anil Grover, with Mr. Mishal Vij, Adv. for Harayana Roadways.

JUDGMENT :

1. Both these appeals were put in the list of regulars as per order dated 23.02.2016. On the application (CM No. 23876/2017) moved by the claimants seeking early hearing, these appeals have been taken up, the request of early hearing being not opposed. With the consent of counsel on both sides, the appeals have been heard together.

2. Dinesh Kaushik, then about 23 years, was riding a motorcycle, bearing no. DL4SAJ 4800 with one Raju as pillion rider, on 17.09.2008, when it came to be involved in a collision with Haryana Roadways bus bearing registration no. HR 38H 7438, resulting in injuries, which proved fatal. He was a bachelor and survived by his parents (appellant in MAC Appeal no. 546/2015). It appears inspite of the fatal collision, the local police of Tehsil Ballabhgarh, District Faridabad did not register a case immediately. The parents of the deceased, on some belated advice, instituted accident claim case (petition no. 75/2011) on 17.03.2011 impleading, besides the driver and owner of the bus, its insurer, it now being appellant in MAC Appeal no. 1148/2014.

3. The claim case was put to inquiry and, by judgment dated 08.08.2014, the case of accident having occurred


















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