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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
National Insurance Company Limited – Appellant
Versus
Vijay Chauhan – Respondent
| Table of Content |
|---|
| 1. fatal collision from trolley's sudden braking. (Para 1 , 2 , 3) |
| 2. denial of liability for rash driving, invalid documents. (Para 4 , 5) |
| 3. tribunal awarded compensation; insurer filed appeal. (Para 6 , 7 , 8) |
| 4. tribunal erred on driver's license issue handling. (Para 9 , 10 , 11) |
| 5. section 163a eliminates negligence proof requirement. (Para 12 , 13) |
| 6. remand for proper adjudication of license issue. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
Pankaj Purohit, J.
This appeal from order has been filed by the appellant-Insurance Company against the judgment and award dated 07.12.2012, passed by learned Third Additional District Judge/M.A.C.T., Haridwar, in M.A.C.P. Case No.94 of 2009 Vijay Chauhan and Ors. Vs. Inder Singh and Ors. , whereby, the said claim petition was allowed and the learned Tribunal awarded a sum of Rs.3,70,000/- as compensation @9% interest per annum from the date of filing of claim petition i.e.19.05.2006, against the appellant to be paid within 30 days from the date of passing of the order i.e.07.12.2012.
2. The brief facts of case are that on 01.08.2008 at about 06.30 a.m., deceased and respondents-claimants were coming from Delhi to Roorkee in their vehic
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