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2019 Supreme(All) 2348

KAUSHAL JAYENDRA THAKER
Oriental Insurance Co. Ltd. – Appellant
Versus
Beena Bhardwaj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.S. Amist.

ORDER :

1. All these appeals arise out of the same accident hence they are being disposed of by a common judgment.

2. The claimants had preferred claim petition before the Motor Accident Claims Tribunal being claim petition nos. 3/1993, 8/1993, 12/1993 and 13/1993 at Rampur. The Tribunal held in favour of the claimant and granted requisite compensation in all the four matters with 10% rate of interest.

3. This has aggrieved the Insurance company. As according to the Insurance company the accident which occurred on 1.00 a.m. night intervening between 26-27.6.1992 between two vehicles. The accident is not in dispute. There is no breach of policy. The Income of the deceased/injured is also not in dispute before this Court and, therefore, detailed facts are not mentioned. The only ground raised is that the driver of Car was sole negligent and in the alternative, he had contributed to the accident having taken place and that the finding holding that the truck driver was the sole author of the accident is bad in eye of law.

4. The appellant is Insurer of the truck, which was going in front of the Car, which was being plied by one of the deceased and the driver of the Car died in the accident

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