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2021 Supreme(J&K) 683

SINDHU SHARMA
New India Assurance Co. Ltd. – Appellant
Versus
Seema Devi – Respondent


Advocates Appeared:
For the Petitioner: Vipan Gandotra.
For the Respondent: Ajay Gupta.

JUDGMENT :

Sindhu Sharma, J.

1. These two appeals have arisen out of the common vehicular accident occurred on 02.02.2015. The awards passed by the learned Motor Accident Claims Tribunal, Samba in MAC No. 48/2015 and MAC No. 50/2015, as such, they were heard and considered together.

Mac App No. 151/2020

2.This appeal has been filed against the award dated 29.02.2020 passed by Motor Accident Claims Tribunal, Samba in MAC No. 48/2015 titled 'Seema Devi & Ors. v. The New India Assurance Co. Ltd. & Ors'.

3. Briefly stated the facts in the appeal are that Bhajan Lal S/o Prakash Chand R/o Village Raipur Nai Basti Tehsil R.S. Pura District Jammu was travelling in a vehicle (Alto Car) on 02.02.2015 from Kathua towards Bari Brahmana. The offending vehicle No. JK02AH-7473 was being driven by respondent No. 2 in a rash and negligent manner, hit the vehicle of deceased near Budhwani. The deceased received serious injuries due to this accident and died on his way to Hospital.

4. Respondents - 1 to 4, i.e., the wife, daughter and parents of the deceased hereinafter referred to as claimants preferred a claim petition before the learned Motor Accident Claims Tribunal, Samba on 19.08.2015. On the pleadin

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