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SANJAY DHAR
Seema Phull – Appellant
Versus
United India Insurance Company – Respondent
JUDGMENT :
1. By this common judgment, two appeals filed by the appellants/claimants against a common award dated 15.12.2007 passed by the learned Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the 'Tribunal') whereby the claim petitions of the appellants have been dismissed, are proposed to be decided.
2. MA No. 41/2008 has been filed by the dependents of the deceased Sh. Vijay Kumar Phull against the impugned award passed by the Tribunal, whereas MA No. 70/ 2008 has been filed by the dependents of deceased Sh. Vinod Kumar Sodi against the same award.
3. It appears that the dependents of deceased Sh. Vijay Kumar Phull and Sh. Vinod Kumar Sodi filed two separate claim petitions before the Tribunal claiming compensation on account of death of Sh. Vijay Kumar Phull and Sh. Vinod Kumar Sodi respectively. Both the claim petitions were clubbed together as the same arose out of a single occurrence and were dismissed together by the Tribunal vide the impugned award by holding that it has no jurisdiction to try these claim petitions as the accident has not arisen out of the use of motor vehicle.
4. The facts emerging from the record reveal that on 05.12.2001, Sh. Vijay Kumar
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