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2021 Supreme(P&H) 787

LISA GILL
Magma Hdi General Insurance Company – Appellant
Versus
Rinkal – Respondent


Advocates Appeared:
Mr.Punit Jain, Advocate for the appellant.

JUDGMENT

Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

2. This order shall dispose of FAO Nos. 2837 and 2831 of 2020.

3. Both the appeals, i.e. FAO Nos. 2837 and 2831 of 2020 are taken up for hearing and decision together as they emanate from claim petitions arising out of the accident which took place on 04.02.2014 in which Shri Ram and his wife Suman Jakhar passed away, though the petitions have been decided by the learned Motor Accident Claims Tribunal, Fazilka (hereinafter referred to 'the Tribunal1) vide separate awards of even date i.e. 11.10.2019.

4. Claim petitions under Section 166 of the Motor Vehicles Act were filed by the claimants - respondents i.e. major son and married daughter of the deceased with averments that their parents, Shri Ram and Suman Devi along withRavinder Jakhar and Anu wife of Ravinder Jakhar were proceeding to Jaipur in a car bearing registration No. HR-26BC-2084. They were going from village Panj Kosi to Jaipur to attend a marriage. At about 9.00 a.m., when they reached ahead of village Baramaar Rajasthan, truck bearing registration No. RJ-31GA-5385 driven by respondent -

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