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2023 Supreme(J&K) 68

SANJAY DHAR
IFFCO TOKIO General Insurance Co. Ltd. – Appellant
Versus
Om Parkash – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vipan Gandotra
For the Respondent: A.S. Azad

JUDGEMENT

1. By this common judgment/order, the afore-titled six connected appeals arising out of a common award dated 24.12.2020, passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the 'Tribunal') are proposed to be disposed of.

2. It appears that deceased Malkiyat Singh, Shanker Singh, Balwant Raj and injured Om Parkash, Anuradha and Sunil Kumar were travelling in a Eco Car bearing No. JK-11-A/4856 from Badkot Uttar Kashi towards Jammu. On 26.02.2015, at about 11 pm, when the vehicle in question reached Hathyari, Uttrakhand, it suffered an accident as a result of which it fell into a deep gorge. Due to the said accident, the deceased as well as the injured above named, who were travelling in the vehicle in question, suffered grievous injuries which led to the death of the deceased and permanent disablement of the injured. The accident also resulted in death of the owner cum driver of the vehicle in question.

3. The legal heirs/dependents of the deceased as also the injured filed as many as six different claim petitions before the Tribunal claiming compensation from the appellant-Insurance Company and the owner of the offending vehicle. During pendency of

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