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2017 Supreme(Del) 4172

R.K.GAUBA
National Insurance Co. Ltd. – Appellant
Versus
Uma Devi Dubey – Respondent


Advocate Appeared:
For the Appellant :Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate
For the Respondent:Mr. Ashok Mahajan and Mr. Deepak T., Advocates, Mr. D.K. Singh, Mr. Gaurav Singh, Mr. Pankaj Chauhan, Ms. Savita Singh, Ms. Shanti Ranjan, Advocates

JUDGMENT :

1. On 15.05.2010, a Tavera car bearing registration no.DL-4C-AD-6598 (car) was being driven by Manoj Kumar, a respondent in these appeals from Katra (Jammu & Kashmir) to Delhi via Jalandhar (Punjab) carrying as passengers Sunil Babu Sharma, his wife Manisha Sharma, relatives Gulab Devi and Uma Devi Dubey besides others. At about 02.00 hours on the night intervening 18th and 19th May, 2010 in the area of District Kapurthala, Punjab, the car driver indulged in rash driving and in the process lost control over it, the vehicle hitting against a truck which was moving ahead. The collision that took place resulted in the above mentioned four persons suffering injuries, Sunil Babu Sharma, Manisha Sharma and Gulab Devi dying in the consequence. The incident eventually became subject matter of investigation by police through first information report no.76/2010 under Sections 279 / 304A / 427 of Indian Penal Code, 1860 registered by police station Sadar, Phagwara, Punjab.

2. Four accident claim cases were instituted, one (MACT 348/2010) by the members of the family dependent on Gulab Devi as claimants, they being the first to third respondents in MACA 741/2016; second, (MACT 349/201
















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