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2019 Supreme(HP) 2031

TARLOK SINGH CHAUHAN
National Insurance Company – Appellant
Versus
Savina – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Ms. Sunita Sharma, Senior Advocate with Ms. Saraswati, Advocate.
For the Respondent:Mr. B.B. Vaid, Advocate, Ms. Kirti Sood, Advocate, vice Counsel

JUDGMENT :

Tarlok Singh Chauhan, J.

Aggrieved by fastening liability to pay the award passed by the learned Motor Accident Claims TribunalI, Mandi, the appellant-Insurance Company has filed the instant appeal.

2 Respondents No. 1 to 4/claimants, who are the widow, children and mother of the deceased Parvez Akhter, filed claim petition before the learned Tribunal for compensation to the tune of Rs.50,00,000/- on the ground that on 30.3.2008 at about 9.20 P.M., deceased Parvez Akhter was riding his motor cycle bearing registration No. HP-31-A-2302 and when he was going from Naulakha to Kanaid on NH21, one Swaraj Mazda Truck bearing registration No. HP-31-B-0234 being driven by respondent No.6, Manoj Kumar, in a rash and negligent manner, came from the opposite side and hit the motorcycle of deceased, resulting in multiple injuries to the deceased, who later on succumbed to the same.

3 Respondents No. 5 and 6, who are owner and driver of the offending vehicle, filed joint reply and denied that the accident had taken place due to rash and negligent driving of driver of the truck. It wa

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