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2018 Supreme(P&H) 4316

AMOL RATTAN SINGH
Sunil Yadav – Appellant
Versus
Oriental Insurance Co. Ltd – Respondent


Advocates Appeared:
Neeraj Gupta, Advocate, for the Appellants; Ram Avtar, Advocate, for the Respondent No 3

JUDGMENT

Amol Rattan Singh, J. (Oral) - This is an appeal by the driver and owner of the vehicle that was involved in an accident on 12.10.2012, i.e. a bus bearing Registration No.HR-53P-6888, which is contended to have hit respondent no.2 herein (the appellant in the connected appeal FAO-4432-2014), resulting in her sustaining a grievous injury on her person. The said respondent having filed a claim petition before the learned Motor Accident Claims Tribunal, Gurugram, the appellants herein as also respondent no.1, i.e. the insurance company that had insured the aforesaid vehicle, filed their respective written statements, refuting the claim filed by the claimant, with the insurance company having taken a preliminary objection that appellant no.2, who was the driving the aforesaid vehicle, did not hold a valid and effective driving licence on the date of the accident and that the vehicle was being plied without a route permit and fitness certificate.

2. On the merits of the petition, it was claimed that the amount of compensation sought was highly exaggerated.

3. Accordingly, the following issues were framed by the learned Tribunal:

    1. Whether the accident has been caused on 12.10.2

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