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2002 Supreme(HP) 306

KAMLESH SHARMA, K.C.SOOD
NEW INDIA ASSURANCE COMPANY – Appellant
Versus
BALLU – Respondent


Advocates Appeared:
For the Petitioner: :Mr. K.D. Sood, Advocate. For the Respondents: :Mr. Ajay Sharma, Advocate for No. 1 to 5, Mr. Bimal Gupta, Advocate for No. 7.

JUDGMENT Kuldip Chand Sood, J. - By this judgment, we propose to dispose of these four appeals are they arise out of the same accident and the facts. The question involved in these appeals is also the same.

2. Appellant New India Assurance Company, hereinafter referred as "Company" insured Bus with registration No. DEP 6466. This bus was used for carrying passengers for hire. The bus was owned by Harbans Lal respondent. Kulwant Singh respondent No. 6 was the Driver of the bus at the relevant time. The Insurance Policy issued by the appellate Company was in force at the relevant time.

3. On March 20, 1989, the bus carrying passengers on its way to Jawalamukhi met with an accident near Jawalamukhi in the District of Kangra. The driver could not negotiate a curve. The bus turned turtle and fell on the right side of the road. Some of the passengers died while the other received multiple injuries including grievous injuries.

4. Claim petitions arising out of this accident were filed before the learned Motor Accident Claims Tribunal (1) Kangra at Dharamshala. The claims Tribunal made the following award by his impugned award(s), which are subject of these appeals:

1. FAO No. 145of 1991. "In



























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