H.S.MADAAN
New India Assurance Company Ltd. – Appellant
Versus
Ramesh @ Rameshwar And Others – Respondent
JUDGMENT
H.S. Madaan, J. - By this order, I shall dispose of four FAOs i.e. FAO-4498-2012, FAO-4499-2012 and FAO-4500-2012 filed on behalf of New India Assurance Company Ltd. and , FAO-1657-2013 filed on behalf of claimants of MACT Case No. 138 of 2011, which have arisen out of the same accident.
2. Briefly stated, the facts of the case are that on 14.2.2011 at about 4:30 a.m., Rajesh alias Raja and Jitender @ Kala, both of them since dead along with Kuldeep were going to Palwal from Narwana in Alto Car bearing registration No. HR-32-B-7788 being driven by Ankur; that when the car had crossed Jind city and was in the area of near bus stand of village Bishanpura, a Mahindra Xylo vehicle bearing registrationNo. PB-29K-0915 (hereinafter referred to as the offending vehicle) being driven by respondent No. l Satpal in a rash and negligent manner came from the opposite side; that Ankur took the Alto car on right hand side in order to avoid the accident but the offending vehicle struck the Alto car in the middle, as a result all the occupants of the Alto car suffered grievous injuries;
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