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2005 Supreme(Raj) 98

RAJESH BALIA, DINESH MAHESHWARI
Varju – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
Rajesh Panwar, R.K. Mehta & S.D. Vyas, for Appellants D.K. Parihar, Sangeet Lodha & Lalit Kawadia, for Respondents

Honble BALIA, J.–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 Neem Singh and it was travelling towards road leading from Barmer 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 MACT Case No. 74/92,; second by Hamu Ram being MACT Case No. 2/93; and third by Smt. Chauthi and Pancha Ram parents of Padma Ram being MACT Case No. 82/92 impleading United India Insurance Company Limited, Barmer as the Insurer and Nimb Singh and Narpat Singh being the driver and owner of the vehicle respectively. The Motor Accident Claims Tribunal, Barmer vide its Award dated 23.2.1995 finding that the vehicle was being driven rashly and negligently by Neem 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. Limited is a fact not in dispute; noticed the plea of the Insurance Company that t
































































































































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