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2007 Supreme(P&H) 1455

VINOD K.SHARMA
Oriental Insurance Company Ltd. – Appellant
Versus
Mantari (Widow) – Respondent


Advocates Appeared:
For the Appellant in FAO No. 2702 of 1998 :Mr. N.K. Khosla, Advocate.
For the Appellant in FAO Nos. 731 and 732 of 1999 :Mr. Sanjay Vashisth, Advocate.
For the Respondent Nos. 1 and 6 in FAO Nos. 732 and 731 of 1999:Mr. R.A. Sheoran, Advocate.
For the Respondent Nos. 2 and 7 in FAO Nos. 732 and 731:Mr. Sudhir Nar, Advocate.

JUDGMENT

Vinod K. Sharma, J. - This order shall dispose of the three appeals mentioned above as they arise out of common award passed by the learned Motor Accident Claims Tribunal, Bhiwani (for short the Tribunal).

2. The claimants Smt. Mantari and others along with Rameshwar filed two separate claim petitions under section 166 of the Motor Vehicles Act, 1988 (for short the Act).

3. Mantari and others claimed compensation on account of death of deceased Rattan Singh. The deceased along with other passengers was said to be travelling in TATA four-wheeler bearing No. HR-31-2976. The said four-wheeler was coming from village Bidola to Isherwal. The vehicle was being driven by Sube Singh - respondent in a rash and negligent manner at a very high speed in zig zag manner. It was claimed that in spite of warning the driver continued to drive the vehicle rashly and negligently. It was further stated that the driver lost control over the vehicle which struck against a Kikar tree. As a result thereof the vehicle turned turtle in which Rattan Singh got grievous injuries and later on succumbed to those injuries.

4. The claimant Rameshwar in the connected claim petition claimed that he suffered
































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