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2017 Supreme(Del) 4155

R.K.GAUBA
IFFCO Tokio General Insurance Co. Ltd. – Appellant
Versus
Indra Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Harsh, Advocate
For the Respondent:Mr. Vishwa Ranjan Kumar, Advocate

JUDGMENT :

1. On 19.01.2009, a motor vehicular accident took place involving two vehicles, one being car bearing registration no.DL-CF-0891 (the car) and the other, a tanker bearing registration no.PB-04 9573 (tanker), it becoming subject matter of investigation by the police through first information report (FIR no.16/2009) of police station Tanda in District Hoshiarpur, Punjab for offences under Sections 279, 304A, 337, 338, 427 of Indian Penal Code, 1860. Several persons were injured in the said accident including Hari Om and Mukesh Kumar Sharma, both of whom died in the consequence. The accident claim cases on account of the said two deaths, one (MACT no.107/09) brought by members of the family dependent on Hari Om, they being first to sixth respondents in MACA 623/2013 and the other (MACT 267/09/2010) by the members of the family dependent on Mukesh Kumar Sharma, they being first to fourth respondents in MACA 622/2013, each seeking compensation on the averments that the accident had occurred due to the negligent driving of the tanker by Sonu, also described as Sukhwant Singh @ Sonu, he being impleaded as first respondent in the said claim cases. The claimants in the said two ca










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