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2018 Supreme(HP) 1877

TARLOK SINGH CHAUHAN
New India Assurance Company Ltd – Appellant
Versus
Lagni Devi @ Lagni Kaur – Respondent


Advocates Appeared:
Praneet Gupta, Adv., V.S. Chauhan, Adv., O.P. Negi, Adv., Balwant Thakur, Adv., B.S. Chauhan, Adv., Vineet Bharmoria, Adv., Romesh Verma, Adv.

JUDGMENT

Tarlok Singh Chauhan, J. - Since all these appeals arise out of the same accident, therefore, they were taken up together for hearing. The basic facts that are common in all these appeals would be determined by common reasoning, whereas the quantum of compensation shall be determined individually in each of the cases.

2. The claim petitions under Section 166 of the Motor Vehicles Act were filed by some of the injured claimants and in some cases by the legal representatives of the deceased claimants. However, common allegations in all these claim petitions was that on 10.7.2015 at about 7.30 a.m. bus bearing No. HP-06B-1551 fell into a deep gorge due to rash and negligent driving of the driver of the bus, who also died in the accident. Many of the occupants died in the accident, while some of the occupants sustained injuries. It was on account of this accident that various claim petitions as mentioned aforesaid came to be filed before the learned Tribunal below.

3. The owner of the bus resisted and contested the petition by filing reply, wherein preliminary objection of non-joinder of necessary parties was taken. On merits, it was denied that the accident took place due to r



























































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