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2004 Supreme(Raj) 242

FATEH CHAND BANSAL, SHIV KUMAR SHARMA
Suresh Kumar – Appellant
Versus
Bhawani – Respondent


Appearance :
Narendra Jain, Advocate for Vehicle Owner and Sandeep Mathur, Advocate for the Claimants
Vinod Tyagi and Ram Singh Rathore, Advocates for Insurance Company for Respondent No. 3

Judgment

Shiv Kumar Sharma, J.-Since all these sixteen appeals arise out of the judgment dated January 10, 2003 of the learned Single Judge, they are taken up together for disposal.

2. In the impugned judgment learned Single Judge held that amount of compensation will first be paid to the claimants by the insurance company and therefore the insurance company could recover the said amount from the vehicle owner. Being aggrieved with this Finding, both vehicle owner and insurance company have preferred instant special appeals.

3. Contextual facts depict that on August 3, 1988 Truck No. RNV 9844 met with an accident as a result of which three persons died and seventeen others sustained injuries. As many as twenty claim petitions were filed before the Motor Accident Claims Tribunal out of which five were dismissed. In remaining fifteen claim petitions compensation was awarded to the claimants. The vehicle owner preferred four appeals before the learned Single Judge against the award made in claimpetitionsNo. 109/1988, 111/1988, 113/1998 and 126/1988, on the ground that liability of paying compensation was illegally fastened on the vehicle owner. The claimants seeking enhancement of comp









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