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2024 Supreme(HP) 67

SATYEN VAIDYA
United India Insurance Co. Ltd. – Appellant
Versus
Navratri Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. P.S. Chandel, Adv.
For the Respondents: Mr. H.S. Rangra, Mr. G. R. Palsra, Adv.

JUDGMENT :

Satyen Vaidya, J.

All these appeals are being decided by a common judgment, as these arise from the same accident and also involve common questions of facts and law.

2. On 3.11.2014, Tractor bearing Registration No. HP 67- 1789 met with an accident-causing death of five persons namely Tek Chand, Nagender Pal, Nanak Chand, Meena Devi and Surahi. One person namely Dinesh Kumar survived.

3. The tractor was owned by Sher Singh one of the respondents in these appeals (hereinafter referred to as the owner) and was insured with the appellants herein.

4. Claim Petitions No. 42 of 2015 Navratri Devi & others vs. Sher Singh & another and 56 of 2015 titled as Krishna Devi & others vs. Sher Singh & another were preferred by the legal representatives of deceased Nagender Pal and Tek Chand. In both these petitions, stand taken by the claimants was that deceased Nagender Pal and Tek Chand were pedestrians. Tractor bearing Registration No. HP 67-1789 rolled down from the road in such a manner that the deceased were injured and consequently died.

5. Claim Petition Nos. 20 of 2015 and 21 of 2015 were filed by the legal representatives of deceased Meena Devi and Nanak Chand. In fact, both the de

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