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2005 Supreme(Raj) 89

RAJESH BALIA, DINESH MAHESHWARI
VARJU – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent


Advocates Appeared:
D.K.PARIHAR, LALIT KAWADIYA, R.K.MEHTA, Rajesh Panwar, S.D.VYAS, SANGEET LODHA

Judgment


Rajesh Balia, J.

( 1 ) ALL these appeals arise out of accident claim cases which arose on account of a single accident which took place on 10. 7. 1992. On that date, padma Ram, Chaina Ram and Hamu Ram were travelling in Jonga jeep No. RSF 8247. being driven by Nimb Singh and it was travelling towards road leading from banner to Jaisalmer. As a result of the said accident, Padma Ram and Chaina Ram died and Hamu Ram suffered injuries.

( 2 ) THREE claim petitions were filed: one by heirs and dependants of Chaina Ram being M. A. C. T. Case No. 74 of 1992; second by Hamu Ram being M. A. C. T. Case no. 2 of 1993; and third by Chauthi and pancha Ram, parents of Padma Ram being m. A. C. T. Case No. 82 of 1992 impleading united India Insurance Co. Ltd. , Barmer, as the insurer and Nimb Singh and Narpat singh being the driver and owner of the vehicle respectively. The Motor Accidents claims Tribunal, Barmer vide its award dated 23. 2. 1995 finding that the vehicle was being driven rashly and negligently by nimb Singh, which resulted in death of padma Ram and Chaina Ram and injury to Hamu Ram; the vehicle was insured with United India Insurance Co. Ltd. is a fact not in dispute; not










































































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