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2019 Supreme(P&H) 2910

KULDIP SINGH
Usha & Ors. – Appellant
Versus
Madan Lal & Ors. – Respondent


Advocates Appeared:
Mr. Jagdish Manchanda, Advocate, for the appellant in FAO-771-2002 and for respondents No. 1 to 3 in FAO-2130-2005.; Mr. Saurabh Kapoor, Advocate, for, Mr. Ashit Malik, Advocate, for appellant in FAO-2129-2005, FAO-2130-2005.; Mr. Govind Chauhan, Advocate, for respondent No. 1 in FAO-2129-2005.; Mr. Ravinder Arora and Mr. Vipul Sharma, Advocates, for insurance company.

JUDGMENT

Kuldip Singh J. (Oral) - By this common order, I shall dispose of above noted three connected appeals arising out of same award dated 11.10.2000, passed by Motor Accident Claims Tribunal, Karnal (in short 'the Tribunal'). FAO-771-2002 has been filed by claimants for enhancement of compensation and two other appeals have been filed by owner of offending vehicle against the findings, vide which she was held liable along with driver to pay compensation to the exclusion of insurance company.

2. Facts of case are that on 12.8.1998, at about 9.00 PM, Vijay Pal was travelling in a three wheeler. When three wheeler was taking a turn towards village Uchana, a bus bearing registration No. HP-01-1695, owned by respondent No. 1 came with rash and negligent manner from side of Karnal. It was being driven by respondent No. 2 driver and hit three wheeler, as a result of which Vijay Pal, driver of three wheeler died at spot, whereas Dharam Pal, driver of offending vehicle sustained multiple injuries. FIR No. 569 dated 12.8.1998 under Sections 279, 337, 304-A IPC was registered against driver of offending bus.

3. Respondents No. 1 and 2 in written statement had denied accident. Rash and negli

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