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2008 Supreme(HP) 618

DEEPAK GUPTA
United India Insurance Company – Appellant
Versus
Jagraj Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sanjeev Kuthiala.
For the Respondent: Neeraj Gupta.

JUDGMENT :

DEEPAK GUPTA, J.

1. This judgment shall dispose of the aforesaid six petitions as identical questions of law and fact are involved in all the cases.

2. Briefly stated the facts necessary for decision of the case are that the victims in all the six cases were travelling as passengers in Tractor Trolley No. PB-05B-3175. They were going from their village Sadhuwala to Pir Nigaha temple on 30.3.1998. At about 8.30 a.m. when the tractor trolley reached their village Palkwah it turned turtle resulting in the death of the six victims. The heirs of the victims filed six separate claim petitions for compensation under Section 166 of the Motor Vehicles Act. The claim petitions were only contested by the Insurance Company and the owner-cum-driver of the tractor Jagraj Singh remained ex-parte. The Insurance Company took up the plea that it was not liable to pay the compensation since the deceased were travelling as unauthorized/illegal passengers in the tractor in question. The learned Tribunal held that the accident occurred due to the rash and negligent driving of Jagraj Singh, owner-cum-driver of the tractor and awarded compensation in accordance with the principles laid down by the

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