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2006 Supreme(P&H) 422

K.S.GAREWAL, PRITAM PAL
National Insurance Company Limited – Appellant
Versus
Urmila – Respondent


Judgment

Pritam Pal, J.

1. This appeal by National Insurance Company Limited (hereinafter referred to as "the Insurer"), is directed against the award dated September 22, 2005, passed by Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as "the Tribunal") whereby respondent Nos. 1 to 3 (claimants) were given compensation to the tune of Rs. 4,00,000/- on account of death of Dilbag Singh (40 years).

2. In nutshell, the facts culminating to the commencement of this appeal may be recapitulated thus:

3. On March 22, 2003, Dilbag Singh (since deceased) had hired a TATA-407 vehicle bearing registration No.HR-61/1610 owned and driven by respondent No. 4, Jaibir for taking his animals from his village Kabza Nagar, Tehsil Dadri, District Bhiwani for selling them at Pashu Hatwara, Jaipur. After selling his animals, the deceased was returning in the said vehicle being driven by respondent No. 4, Jaibir (driver-cum-owner/insured). The said vehicle was being driven rashly and negligently. At about 9.00 PM, when the said vehicle reached within the area of Nai Ki Thadi Pashu Hatwari, Near Police Station Amer Jaipur, Jaibir, respondent No. 4, lost his control over the vehicle as a res
















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