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2000 Supreme(HP) 6

D.RAJU, LOKESHWAR SINGH PANTA
NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
SURAJ PARKASH – Respondent


Advocates Appeared:
Mr. Ravi Bakshi, Advocate, for the Appellant; Mr. Bhuvnesh Sharma, Advocate, for the Respondent No. 1; Mr. Lalit Sharma, Advocate, for the Respondent No. 2.

JUDGMENT

D. Raju, C.J.—The above appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the award dated 21.9.1992 in Motor Accidents Claims Petition No. 7 of 1991 on the file of Motor Accident Claims Tribunal, Hamirpur, whereunder a sum of Rs. 25,000/- has been awarded as compensation to the claimants who suffered injuries as a result of accident due to collision between a Maruti Van bearing No. HP-02-0251 belonging to the third respondent and a Motor Cycle. The accident was said to have occurred on account of rash and negligent driving of the Maruti Van by its driver,the 2nd respondent herein. The first respondent herein made a claim for the award of a sum of Rs. 3 lacs from the respondents. The third respondent in the tribunal below was the insurance company (appellant herein) with whom the Maruti Van was said to have been insured.

2. The respondents contended that the claimant did not suffer injuries on account of rash and negligent driving of the Maruti Van by its driver but it was due to negligent driving of the Motor-cyclist. It was also claimed that the Maruti Van was being driven in violation of the Motor Vehicles










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