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2021 Supreme(HP) 718

SANDEEP SHARMA
United India Insurance Company Ltd. through Its Senior Divisional Manager – Appellant
Versus
Rama Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashwani Kumar Sharma, Senior Advocate With Mr. Ishan Sharma, Advocate
For the Respondent:Mr. Gaurav Sharma, Advocate, Mr. Sudhir Thakur, Senior Advocate Withmr. Anirudh Sharma, Advocate

JUDGMENT :

Since all the connected appeals lay challenge to award dated 21.11.2016, passed by Motor Accident Claims Tribunal, Shimla, H.P. and proceedings in all the cases have arisen from one accident, same were being heard together and now are being decided vide instant common judgment.

2. For having bird’s eye view of the matter and for the completion of facts, facts of FAO bearing No. 124 of 2017 titled United India Insurance Company Ltd. vs Smt. Tanuja & others, are being taken note of.

3. Above captioned appeals under Section 173 of Motor Vehicles Act, lay challenge to impugned award dated 21.11.2016 in MAC Petition No.60-S/2 of 2007, titled Smt. Tanuja & another vs. Smt. Shiv Kumari & others, passed by learned Motor Accident Claims Tribunal, Shimla, H.P., whereby tribunal below while allowing the claim petition having been filed by claimants under Section 166 of Motor Vehicles Act (for short ‘Act’) saddled appellant/Insurance Company with liability to pay compensation to the claimants on account of death of persons namely Rama Nanda and Narender and injuries to claimant Suresh Kumar being insurer of the vehicle bearing No. HP18A-0123, owned by Smt. Shiv Kumari, respondent No.1.

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