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2000 Supreme(HP) 328

KAMLESH SHARMA, K.C.SOOD
UNITED INDIA INSURANCE COMPANY – Appellant
Versus
PREM SINGH – Respondent


Advocates Appeared:
For the Appellant:Ms. Devyani Sharma, Advocate For the Respondents:Mr. Vinod Sharma, Advocate, Mr. Sanjay Karol, Advocate General with Mr. M.L. Chauhan, Deputy Advocate General, (for R. Nos. 2 & 3) Ms. Anjali Verma, vice Mr. Rajiv Jiwan, Advocate (for R. Nos. 4 & 5) and Mr. Suresh Bhardwaj, Advocate (for R.No.6)

JUDGMENT

Kuldip chand Sood, J.:- The award of Motor Accident claims Tribunal, Bilaspur dated May 13, 1993 in M.A.C. Petition No. 15 of 1989 is under challenge in this appeal.

2. In order to appreciate the controversy, relevant, facts may be noticed, thus: Prem Singh, a practicing Advocate at Tehsil Ghumarwin, on September 1, 1988, took a lift on a scooter No. HIB 4485, owned and driven by Lekh Ram, as pillion rider. When Scooter reached near Bhapral curve, it met with an accident with a jeep No. HPS 2770 driven by Joginder Singh. Jeep was owned by respondents No.2 and

3. 3. The claimant Prem Singh filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939 ("Act" for short) for award of compensation of rupees 10 lacs, alleging that the accident occurred due to the rash and negligent driving of the jeep by Joginder Singh in which he sustained multiple injuries including fracture of the leg resulting in 100% disability.

4. Respondents contested the claim. The case of the owner and Driver of the jeep in their joint reply is: the jeep was being driven at a slow speed. The scooter driven by Lekh Ram, herein after referred to as the owner of the Scooter, with claimant as pilli






































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