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2018 Supreme(P&H) 4737

RAVI RANJAN
New India Assurance Company Limited – Appellant
Versus
Urmila And Others – Respondent


Advocates Appeared:
R.C. Kapoor, Advocate, for the Appellant/s (in FAO-10217-2014 & FAO-10222-2014); Rahul Vats, Advocate, for the Appellant in FAO-8237-2015; Rahul Vats, Advocate, for the Respondents Nos.1 to 5 in FAO-10217-2014; Rahul Vats, Advocate, for the Respondents Nos.1 to 4 in FAO-10222-2014; Sandeep Kotla, Advocate, for the Respondents Nos.1 and 2 in FAO-8237-2015; Sandeep Kotla, Advocate, for the Respondents Nos.6 and 7 in FAO-10217-2014; Sandeep Kotla, Advocate, for the Respondents Nos.5 and 6 in FAO-10222-2014

JUDGMENT

Ravi Ranjan, J. (Oral) - FAO No.10217 of 2014 & FAO No.10222 of 2014 have been preferred by the appellant- Insurance Company assailing the judgment and Award dated 16.09.2014, whereas FAO no.8237 of 2015 has been filed by the claimants for enhancement of the awarded amount.

FAO-10217-2014 & FAO-10222-2014

These two appeals have been preferred by the appellant- Insurance Company assailing the Judgement and Award dated 16.09.2014 passed by the Motor Accident Claims Tribunal, Fatehabad, Haryana in petition no.13-MACT of 2014 and 14-MACT of 2014 on diverse grounds.

1. It is contended that the claimants' case is that the accident was the result of rash and negligent driving by the driver, respondent no.1- Harpreet Singh, of the Escort Farmtrac Tractor (hereafter to be referred as "the offending vehicle" for the sake of brevity) is erroneous. Infact a stand has been taken in the written statement filed by respondents no.1 and 2, i.e. the driver and the owner respectively, that the accident was the result of rash and negligent driving of the driver of ill-fated motorcycle as h

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