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2018 Supreme(HP) 942

TARLOK SINGH CHAUHAN
Oriental Insurance Company Ltd. – Appellant
Versus
Mathu Ram – Respondent


Advocates Appeared:
Mr. Ashwani K. Sharma, Senior Advocate with Mr. Jeevan Kumar, Advocate, for the Appellants; None, for the Respondent No. 1; Mr. Manoj Chauhan, Advocate, for the Respondent Nos. 1 to 6; Mr. B.R. Sharma, Advocate, for the Respondent No. 7

JUDGMENT

Tarlok Singh Chauhan, J. - Since common question of fact and law arises for consideration in all these appeals, they were taken up together for hearing and all the issues, except the quantum of compensation, are being decided through common reasoning.

2. Shorn of all unnecessary details, the facts giving rise to the claim petitions are that the claimants herein happened to be the legal heirs and dependents of the deceased(s), who were travelling in Mahindra Max Pickup No. HP-09-2290, which was going to Village Sangalwara, Tehsil Thunag, District Mandi and fell 100-150 metres down resulting in death of all of its occupants. All the claim petitions were filed with the allegations that the accident had occurred on account of rash and negligent driving on the part of the driver.

3. The owner of the vehicle resisted and contested the petition by filing reply wherein the factum of accident and death of the occupants was not denied, but it was not denied for want of knowledge that the accident had taken place on account of rash and negligent driving on the part of his driver.

4. The Insurance Company also resisted and contested the petitions by filing reply wherein it sought to av
































































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