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2010 Supreme(Raj) 216

RAJESH BINDAL
Sham Sunder – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates Appeared
Anurag Jain, for Appellant;
L.M. Suri, Senior Advocate with Neeraj Khanna, for Insurance Company;
Surinder Gandhi, for Pawan Kumar;
Ranjit Saini, for Claimants

Hon'ble BINDAL, J.— This order will dispose of a set of 8 appeals filed by the appellant, who has been held liable to pay compensation on account of a motor vehicular accident.

2. Briefly, the facts of the case are as under:

On 5.3.1985, an accident took place near Shiv Mandir turning at Uchana Kalan. According to the averments in the claim petitions, certain election was being held at village Uchana Kalan on that day. Ram Bhagat took the truck to the school where polling booth had been set up to enable his mother to cast her vote. He was under the influence of liquor at that time and he asked the children to board the truck. Several children boarded the truck which was being driven back by him rashly and negligently. He turned the truck at a high speed, as a result of which the truck turned turtle and fell on one side, on account of which seven children died and Om Parkash received multiple injuries. The claim petitions were filed. The Motor Accidents Claims Tribunal, Jind (for short, `the Tribunal') awarded compensation to the claimants.

3. On the pleadings of the parties, various issues were framed by the Tribunal. The issue, which is relevant for consideration by this court in the


















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