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2018 Supreme(P&H) 4461

HARINDER SINGH SIDHU
Matan Shiv Shakti Co. Op. tpt, Society Limited – Appellant
Versus
Cholamandalam Ms General Insurance Co – Respondent


Advocates Appeared:
Mr. Lekh Raj Sharma, Advocate, for the Appellant; Mr. Rajneesh Malhotra, Advocate, for the Insurance Company

JUDGMENT

Harinder Singh Sidhu, J. - The owner and driver have filed the present appeal against the award dated 14.10.2016 of the Motor Accidents Claims Tribunal, Jhajjar (for short 'the Tribunal'), whereby, respondent No.1- the Insurance company has been absolved of liability to pay the compensation and the appellants have been held jointly and severely liable to pay the compensation.

2. The case set up in the claim petition was that on 16.11.2014, Krishan Kumar son of Mahavir Singh was on his way to attend his duties at PGIMS, Rohtak on Motorcycle No.HR-12T-2071. His brother Chand Singh and one Manender son of Desh Raj resident of village Dhakla were following him on their separate motorcycle. When they just crossed Govt. School, Hassanpur towards Jhajjar, a bus having Registration No.HR-14E- 0777 (the offending vehicle) which was being driven by appellant no.2 in a rash and negligent manner came from the side of Jhajjar and hit the motorcycle of Krishan Kumar. As a result of the injuries sustained, Krishan Kumar died. FIR No.795, dated 17.11.2014 under Section 279, 304-A, IPC, Police Station Jhajjar was registered at the instance of Chand Singh.

3. On the basis of the evidence, th

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