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2011 Supreme(P&H) 2188

JITENDRA CHAUHAN
Oriental Insurance Company – Appellant
Versus
Saroj Devi – Respondent


Advocates:
Present:Mr. Ashwani Talwar, Advocate for the appellant in FAO Nos. 589 to 591 of 2010
Mr. Subhash Goyal, Advocate for the appellant in FAO Nos. 1490 of 2010 & 2304 of 2011
Mr. Suman Jain, Advocate for the appellant in FAO No.4710 of 2010
Mr. Ajay Gulati, Deputy Advocate General, Haryana with Mr. Kunal Garg, Assistant Advocate General, Haryana (for the State In all appeals)
Mr. Ramender Chauhan, Advocate for respondent Nos. 1, 2, and 5 in FAO Nos. 589 of 2010
Mr. RS Sangwan, Advocate for respondent Nos. 1,3 and 4 in FAO No.591 of 2010
Mr.DK Singal, Advocate for respondent No.4 in FAO No.589 of 2010 respondent No.6 in FAO Nos.590 &591 of 2010
Mr. Ravinder Arora, Advocate for respondent No.7 in FAO NO 591 OF 2010
None for respondent Nos. 1 to 4 in FAO No.4710 of 2010
Mr. Sandeep Goyal, Advocate for respondent No.5 in FAO No. 4710 of 2010
Mr. Ashish Gupta, Advocate for respondent Nos. 1 to 4 in FAO No.1490 of 2010
Mr.VK Kajla, Advocate for respondent Nos. 1 to 5 in FAO No.2304 of 2011

JUDGMENT

Mr. Jitendra Chauhan, J.: - CM No. 7950 CII of 2011 in FAO No. 2304 of 2011

1. For the reasons mentioned in the application, delay of 82 days in filing the appeal is hereby condoned.

2. Application stands disposed of.

Main appeals

3. The present bunch of Appeals has thrown up an interesting but complex proposition of law. This judgment shall dispose of the present bunch of First Appeals (FAO’s) preferred by the Insurance Companies against the awards passed by the Ld. MACT’s in different claim petitions arising out of respective motor vehicular accidents. It needs to be highlighted that though the awards are separate, having been passed by various MACT’s, a common question of law was raised before this Court. Accordingly, the Court deemed it appropriate to dispose off all the FAO’s raising a similar question of law, through a common judgment. However, the judgment is being delivered in FAO No. 589 of 2010 (Oriental Insurance Company Limited vs. Saroj Devi and others). Before proceeding with the discussion, a brief resume of the FAO’s being disposed off by this common judgment would be relevant.

FAO No.589 of 2010

4. The Insurance Company has preferred the present appeal aga
















































































































































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