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2019 Supreme(UK) 98

ALOK SINGH
United Insurance Company Ltd. – Appellant
Versus
Fatima Begum – Respondent


Advocates Appeared:
For the Appellant :Mr. Pankaj Purohit, Advocate
For the Respondent:Mr. Bindesh Kumar and Mr. Tarun Pande, Advocate

JUDGMENT :

Alok Singh, J.

1. The facts and questions of law in all the appeals are common, therefore, all the appeals are taken together and disposed of by this common judgment.

2. Brief facts of the present case are that on 18.12.2009, one Bolero (Jeep) bearing registration no. UA 06 F 3639 was going from Jaspur to Delhi. On Moradabad – Delhi National highway, near Punjabi Dhaba at about 06.00 a.m. one tractor bearing registration no. UP 21 T 2304 hit the Bolero (Jeep). In the accident, Shamim (Driver), Danish, Zabir, Jamsheed, Shakir received injuries and they succumbed to injuries. Shakir Hussain also received injuries but survived. Saleem Ahmad reported the matter to the police. Legal heirs of the deceased and injured Shakir Hussain filed claim petition before the Motor Accidents Claim Tribunal. The Tribunal allowed the claim petitions and awarded claims against the insurance company of tractor. Feeling aggrieved, the insurance company of tractor i.e. the United Insurance Company approached this Court.

3. Mr. Pankaj Purohit, Advocate for the appellant – Insurance Company submits that present is the case of contributory negligence, as there was head on collision between the two vehi





















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