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2011 Supreme(HP) 2202

DEEPAK GUPTA
Vijay Kumari – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the appellant:Mr. B.M. Chauhan, Advocate
For respondents 1 & 2:Mr. Vijay Verma, Advocate.
For the respondent No.3:Mr. Tarlok Chauhan, Advocate
For respondent No.1:Mr. Nimish Gupta, Advocate.
For respondent No.1:Mr. K.D. Sood, Advocate.

JUDGMENT

Deepak Gupta, J. (Oral)

1. All the aforesaid appeals are being decided by one common judgment, since common questions of law and fact are involved in the same.

2. The undisputed facts are that Smt. Vijay Kumari (hereinafter referred to as the owner) was owner of two buses being Bus No. HP48-1112 and HP48-1811. Bus No. HP 48-1112 met with an accident on 21st February, 2007 at a place known as Chabdu near Brangal in Chamba District. Claim petitions were filed by the persons insured/legal representatives of the deceased. In these claim petitions an objection was raised by the insurance company that the owner did not have a route permit to ply the bus in question on the Chamba Brangal Chamba Bhalei route in which the accident had occurred. The stand of the owner was that she owned two buses. As far as Bus No. HP 48-1112 is concerned, the route permit authorized this bus to be driven on the Chamba Bhanjraru Chamba Sundla Koti route which admittedly does not cover the station where the accident took place. The other bus, i.e. Bus No. HP48-1811 had a route permit for Chamba Brangal Chamba Bhalei which was to cross at the place known as Chabdu.

3. In the first set of appeal filed b









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