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2009 Supreme(HP) 685

V.K.AHUJA
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
KAMLA – Respondent


Advocates Appeared:
For the appellant:Mr. Ashwani K. Sharma, Advocate.
For the respondents:Mr. Dinesh Kumar, Advocate, for respondents No. 1 to 3.
Ms. Seema Guleria, Advocate, for respondents No. 5 and 6.

JUDGMENT

V.K. Ahuja, J. -This is an appeal filed by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act, against the award passed by the learned Motor Accident Claims Tribunal-II, Solan, dated 10.3.2004, vide which the petition filed by respondents No. 1 to 4 under Section 163-A of the Motor Vehicles Act was allowed as against the appellant and others and a sum of Rs.2,48,000/- was awarded in favour of respondents No. 1 to 4.

2. Briefly stated, the facts of the case are that a claim petition under Section 163-A of the Motor Vehicles Act was preferred by respondents No. 1 to 4 as against respondent No. 5 who was impleaded as driver and as against respondent No. 6, who was impleaded as owner/respondent No. 3, while Insurance Company i.e. the appellant was impleaded as respondent No. 2. It was alleged by the petitioners that the deceased Kamal was traveling in truck bearing No. HP-11-0721 from Delhi to Arki after selling his produce on 2.7.1996. The truck was being driven by respondent No. 1 Madan in a rash and negligent manner. The deceased suffered injuries in an accident that took place near Mehmoodpur, Police Station Malana, District Ambala, Haryana, and s














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