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1997 Supreme(P&H) 1049

N.K.KAPOOR, K.K.SRIVASTAVA
New India Assurance Company Limited – Appellant
Versus
Simmar Singh, Driver – Respondent


Judgment

N.K.Kapoor, J.

1. This judgment shall dispose of L.P.A. Nos. 169, 170, 171 and 172 of 1986 as these raise common question of law and fact. Learned Single Judge top disposed of appeal, cross objections filed by the claimants as well as cross-objections filed by the truck owner by a common judgment.

2. In an accident between a motor cycle and the truck bearing No. PUN-1781 Ram Singh, who was driving the motor cycle was killed while the pillion rider Gian Singh sustained serious injuries. Heirs of Ram Singh as well as the injured filed the claim petition before the Motor Accident Claims Tribunal. Tribunal awarded a compensation of Rs. 1,08,000/- to the widow and children of Ram Singh whereas he Tribunal awarded a sum of Rs. 36,000/- to Gian Singh for the injuries suffered by him in this accident. As noticed earlier, claimants, the Insurance Company as well as the Truck owner challenged the order of the Tribunal by preferring an appeal/cross-objections.

3. Counsel representing the Insurance Company raised objections with regard to the liability fastened upon the Insurance Company by the Motor Accident Claims Tribunal. According to the counsel, the liability of the Insurance Com










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