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2017 Supreme(P&H) 2221

RAJBIR SEHRAWAT
Anil Kumar – Appellant
Versus
Roop Kumar Sharma – Respondent


Advocates:
For the Petitioner:Mr. Naveen Daryal, Advocate.
For the Respondent:Brig. B.S.Tanque, Advocate.

JUDGMENT

Mr. Rajbir Sehrawat, J. (Oral):- This is an appeal filed by the owner of the vehicle challenging the Award dated 01.12.2016 passed by Motor Accidents Claims Tribunal, Kurukshetra, in so far as it absolves the Insurance Company from the liability of payment of the compensation.

2. Brief facts of this case are that on 14.06.1995, Kamal Sharma, along with 54 other pilgrims, left Kurukshetra at about 8.00 AM. They had to go to Haridwar, Ayodhya, Nepal and Jagan Nath Puri etc. They were in the Bus bearing registration No.UP-10B-0939, which was being driven by one Raju Karki, resident of Delhi. It is claimed in the claim petition that the bus was taken for journey after getting permission from Regional Transport Controller, Haridwar as well as from Managing Director, Garhwal Vikas Nigam, Haridwar. On the intervening night of 17/18.06.1995, the bus in question was on its way to Kathmandu via Sonali. At about 2.00 AM, when the said bus, in which the deceased-Kamal Sharma was travelling along with other pilgrims, reached in the area of Chitwan, District Chandi Bhajan, Village Vikas Samiti, Ward No.5, situated in Parevar Bhir near bridge No.2, at the distance of two kilometers from N























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