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1997 Supreme(P&H) 1647

V.S.AGGARWAL, AMARJEET CHAUDHARY
National Insurance Company Limited – Appellant
Versus
Shinder Kaur – Respondent


Judgment

1. National Insurance Company Limited (hereinafter described as the appellant) assails the award of the Motor Accident Claims Tribunala, Barnal dated 4-4-1996. By virtue of the impugned award the learned Tribunal awarded a compensation of Rupees 1,92,000/- along with interest at the rate of 12 per cent per annum from the date of the award till its realisation. The award was passed against respondents Harbans Singh and Gurcharan Singh besides the appellant. Their liability was held as joint and several. The amount of the award was to be shared which is not relevant for purposes of the present appeal.

2. The relevant facts are that on 12-5-1994 Pashaura Singh met with an accident. He was going on his bicycle from village Chanawal to village Raiser to his house. When he was on the way in the area of village Chananwal, at about 9-00 p.m. he met with an accident. Harbans Singh was driving tractor No. PB-13-B-2009. It struck against the bicycle of Pashaura Singh. The tractor was insured with the appellant. As a result of the impact, Pashaura Singh was injured and breathed his last. Shinder Kaur, Amarjit Kaur, Paramjit Kaur, Rajpal Kaur, Kuldeep Singh and Hardeep Singh being the h












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