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2002 Supreme(P&H) 1009

K.C.GUPTA
New India Assurance Company Limited – Appellant
Versus
Bimlesh Kumari – Respondent


Judgment

K. C. Gupta, J.

1. This revision petition is directed under Article 227 of the Constitution of India by the New India Assurance Co. Ltd. , against the order dated 7.8.2001 (copy Annexure P-3) passed by the Motor Accidents Claims Tribunal, gurgaon, vide which it was held that the claim petition is maintainable.

2. Briefly stated, the facts are that Siri bhagwan son of Ram Singh was the registered owner of jeep bearing registration no. HR 26-G 0179 (hereinafter called the offending vehicle ). He got it registered with the Department of Transport as maxi cab. He himself was working as driver of the said maxi cab.

3. On 15.8.2000 at about 11 a. m. Siri bhagwan was going in the offending vehicle from Pataudi to Rewari. In the way all of a sudden a dog came to cross the road. He tried to save the dog and in that process the offending vehicle struck against the tree after going out of control. Due to this collision with the tree, Siri Bhagwan received serious injuries and died at the spot. Several other occupants of the offending vehicle also received injuries.

4. Bimlesh, widow, Nisha and Sona, minor daughters, Naveen minor son and ram Singh father of Siri Bhagwan (the deceased)













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