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2016 Supreme(All) 1301

SUDHIR AGARWAL, K.J.THAKER
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
Counsel :
Arvind Kumar for the Appellant; Satya Deo Ojha for the Respondents.

JUDGMENT

By the Court.—Heard learned counsels for parties.

2. Insurance company felt aggrieved by judgment and award passed by Motor Accident Claims Tribunal, Court No. 15, Meerut, in Motor Accident Claim No. 1156 of 2014.

3. Both these appeals arise out of same accident and same judgment and order passed by Tribunal. Both Insurance company and claimants are before us. Insurance company has felt aggrieved by judgment and decree dated 20.7.2016 in M.A.C. No. 1156 of 2014.

4. Parties are referred as Claimants and Insurance Company.

5. Brief facts leading to filing of present petition are that on 29.7.2014 when deceased was going on his motorcycle, he was hit by an Indica Car, which was coming from opposite direction. Deceased suffered grave injuries due to said accident. Deceased died during treatment and after 28 days of accident. Claim petition claiming a sum of Rs. 50,51,403/- was filed before Tribunal. In reply filed by owner of vehicle i.e. Indica Car, the factum of accident with the vehicle of deceased was denied. Insurance company also filed its written statement denying liability of payment on various grounds mainly contending that there was breach of policy. Claimants led evi




















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