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2018 Supreme(P&H) 2639

ANIL KSHETARPAL
United India Insurance Company Ltd. – Appellant
Versus
Kesar Devi – Respondent


Advocates Appeared:Mr. R.K.Bashamboo, Advocate,
for the appellant (FAO Nos.5907 and 5945 of 2011 )
for respondent no.1(in FAO Nos.6311 and 6317 of 2012)
Mr. R.K.Saini, Advocate,
for respondent no.1 (in FAO No.5945 of 2011 and
for respondent no.2 (in FAO No.6311 of 2012)
Mr. Ivneet Singh Pabla, Advocate,
for the appellant (in FAO Nos.6311 and 6317 of 2012)
for respondent no.5 (in FAO No.5907 of 2011)

JUDGMENT

Mr. Anil Kshetarpal, J. - By this judgment, FAO Nos.5907 of 2011, 5945 of 2011, 6311 of 2012 and 6317 of 2012 and cross objection No.33-CII-2014 filed by the injured-claimant shall stand disposed of as two claim petitions arising out of one accident were consolidated and disposed of by a common judgment by the learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as ‘the Tribunal’).

2. In an unfortunate motor vehicular accident which happened on 10.12.2009 at 3.30 pm, late Sh. Dharampal, aged 44 years lost his life, whereas his married daughter Ms. Priyanka, cross-objector suffered injuries. The accident is stated to have taken place between a two wheeler on which deceased along with her daughter was travelling and offending motor car which was being owned and driven by Harbhajan Singh, the appellant, in FAO No.6311 and 6317 of 2012.

3. An FIR was registered and respondent no.1 was prosecuted by the police. During the investigation, respondent no.1 produced a driving licence Ex/R1 issued by the Licensing Authority, Agra, Uttar Pradesh.

4. While filing written statement in response to the claim petition, respondent no.1 denied the accident and in the


































































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