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2006 Supreme(HP) 80

DEEPAK GUPTA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
RAJEEV VERMA – Respondent


Advocates Appeared:
In FAO No. 38 of 2003:Mr. Lalit Sharma, Advocate, for the Appellant; Mr. Sunil Chauhan, Advocate, for the Respondent No. 1; Mr. Ashok Sharma, Advocate, vice counsel, Mr. B.K. Malhotra, Advocate, for the Respondent No. 2; Mr. Harish Bahl, Advocate, for the Respondent No. 3. In FAO No. 305 of 2003:Mr. Harish Bahl, Advocate, for the Appellant; Mr. Sunil Chauhan, Advocate, for the Respondent No. 1; Mr. Ashok Sharma, Advocate, vice counsel, Mr. B.K. Malhotra, Advocate, for the Respondent No. 2; Mr. Lalit Sharma, Advocate, for the Respondent No. 3.

JUDGMENT

Deepak Gupta, J. - This judgment shall dispose of the aforesaid two appeals arising out of the same Award passed by the Motor Accident Claims Tribunal-1, Solan in claim petition No. 79-S/2 of 1998 decided on 27.7.2002.

2. The facts relevant for the decision of the case are that the claimant Rajeev Verma was travelling on a scooter when he was hit by truck No. HP-14-4578, which was being driven by Sher Singh. This truck was owned by Rajeev Kohli and insured with National Insurance Company. The claimant alleged that he suffered various injuries and disability to the extent of 60% and claimed compensation. The claim petition was contested by the driver on the ground that in fact no accident had taken place. As far as the owner is concerned, in his reply he has only stated that the vehicle was duly insured with the National Insurance Company. The Insurance Company in its reply took up the plea that the driver did not have a valid driving licence and as such the Insurance Company was not liable.

3. The Tribunal on the basis of the evidence led before it held that the accident did take place. The driver of the truck Sher Singh was found to be negligent and it was held that the acci


















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