HARBANSI DEVI Vs. RAKESH KUMAR ALIAS KALA
LAWS(HPH)-1997-12-6
HIGH COURT OF HIMACHAL PRADESH
Decided on December 24,1997

HARBANSI DEVI Appellant
VERSUS
Rakesh Kumar Alias Kala Respondents





Cited Judgements :-

FATAMA MATUL BIBI VS. ORIENTAL INSURANCE CO LTD [LAWS(CAL)-2001-7-25] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. RAVINDER KUMAR [LAWS(HPH)-2012-4-29] [REFERRED TO]


JUDGEMENT

R.L.KHURANA, J. - (1.)THE above noted tree appeals and three cross-objections arising out of three separate awards of the learned Motor Accidents Claims Tribunal Una, (for short 'the Tribunal') in M.A.C. Petition Nos. 44, 46 and 47 of 1988 are being disposed of by this single judgment since the same involve common questions of facts and law.
(2.)THE facts leading to the present appeals and cross-objections, briefly, may be stated thus. On 22.9.1988 at about 8.30 p.m. near Civil Hospital, Una, on Una-Hamirpur road an accident involving a scooter No. HIU 629 and truck No. HPG 1545 had taken place resulting into the death of Roshan Lal and Raj Kumar, and grievous injuries to Baldev Raj.
The scooter at the relevant time was being driven by the deceased Roshan Lal while the deceased Raj Kumar and the injured Baldev Raj were the pillion riders. The scooter at the relevant time was proceeding towards Una town from the side of Civil Hospital. Truck bearing No. HPG 1545 belonging to respondent No. 2 and being driven by respondent No. 1 in a rash and negligent manner while coming from the opposite direction dashed into the scooter on the wrong side of the road.

(3.)RESPONDENT No. 3 is the insurer of the truck No. HPG 1545 while respondent No. 4 is alleged to be the transferee of the said truck.


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