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2011 Supreme(Raj) 403

MAHESH CHANDRA SHARMA
National Insurance Co. Ltd. – Appellant
Versus
Thana Ram – Respondent


Advocates Appeared
V.P. Mathur, for Appellant-Insurance Co.;
Bharat Saini & Ajay Gupta and V.D. Gathala, for Claimants

Hon'ble SHARMA, J.—Since these six misc. appeals relate to common award dated 31.1.2008 passed by Judge, Motor Accident Claims Tribunal, Sikar in MACT cases Nos. 212/2001, 223/2001, 224/2001, 258/2001, 342/2002, 124/2002, they are being disposed by this common judgment.

2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

3. Facts in brief are that on 11.8.2001, Gumanaram, Sitaram, Raghunath Prasad, Hanumanaram, Rampal and Pannalal were travelling in Jeep No. RJ 23 C 0864 and when they reached near Bus Stand Badalwas in Sikar District, Suddenly Tractor No. RJ 21R 7005 came from the front side in a rash and negligent manner hit the Jeep. In the accident Gumanaram, Sitaram and Raghunath Prasad suffered injuries and Hanumanaram, Rampal and Panna Lal died. Six claim petitions were filed. All the claim petitions were clubbed together and decided by the common award dated 31.1.2008.

4. The respondents 4 and 5,who are driver and owner of the Tractor have filed a written statement. It the written statement it was stated that there is no negligence of the Tractor and the Tractor was standing in a stationary condition on t






















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