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2018 Supreme(P&H) 3634

RAJIV NARAIN RAINA
Hdfc Ergo General Insurance Company Limited – Appellant
Versus
Asha – Respondent


Advocates Appeared:
Mr. Pradeep Kumar, Advocate, for the Appellant; Mr. Aditya Yadav, Advocate, for the Respondent Nos. 1 to 4 in FAO No. 578 of 2016; Mr. Ashish Pannu, Advocate, for the Respondent No. 1 in FAO No. 7354 of 2015; Mr. S.S. Hira, Advocate, for the Respondent No. 1 in FAO No. 7355 of 2015

JUDGMENT

Rajiv Narain Raina, J. - This order will dispose of FAO No. 578 of 2016 titled HDFC ERGO General Insurance Company Limited v. Smt. Asha and others, FAO No. 7354 of 2015 titled HDFC ERGO General Insurance Company Limited v. Sanjiv and others & FAO No. 7355 of 2015 titled HDFC ERGO General Insurance Company Limited v. Sandeep and others.

2. These are three appeals by the Insurance Company relating to the same accident. The main appeal FAO No. 578 of 2016 arises from a death case while the two connected appeals are in cases of injuries sustained. The three appeals can easily be decided by common order.

3. Anand died in an accident on February 06, 2013 while he was in a jeep travelling from Kharkhoda to Sampla. The jeep unfortunately overturned as a result of the accident Anand was thrown out and crushed, mortally wounding him. He was brought dead to Civil Hospital, Kharkhoda.

4. The driver Rishi Parkash was charge-sheeted inter alia under Section 304-A of IPC. Anand was 45 years at the time of accident. He was working as Gardener in Municipal Corporation, Delhi earning Rs. 23,871/- per month. He left behind his widow and three children. The Tribunal held that two children were

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