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2005 Supreme(Raj) 1787

VINEET KOTHARI, V.K.BALI
United India Insurance Company – Appellant
Versus
Anita Sharma – Respondent


Advocates Appeared:
Mr. A.K. Bhandari and Mr. Alok Sharma, for the Appellants.
Mr. Sandeep Mathur, for the Respondents.

Judgment

V.K. Bali, J.-By this common order we propose to dispose of two connected D.B. Civil Special Appeals No. 5/1998 and 30/1998, as the same emanate from the same accident.

2. The bare minimum facts which need mention reveal that claimant-respondents on account of death of Shri S.N. Sharma in a Motor Accident which occurred on 07.01.1992, filed a claim petition before the Motor Accident Claims Tribunal. The deceased named above was husband of respondent No. 1 whereas the other respondents were also his relatives. The accident is said to have taken place in the morning of 07.01.1992. Shri Sharma, as per case set up, was going in Truck No. DEL 4646 alongwith his household goods towards Chaksu where he was posted. When the truck reached near Bhura Meena Ki Dhani, Bus No. RJ-20-0323 was coming from the opposite direction. Drivers of both the vehicles, were driving these vehicles, rashly, negligently and with excessive speed. Due to rash and negligent driving by both drivers, both the vehicles collided resulting into the death of Shri S.N. Sharma. In the claim petition filed by the respondents-herein, the Motor Accident Claims Tribunal awarded a sum of Rs. 6,15,000/-as compensation










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