HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
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(1.) All these five appeals have arisen out of same accident, and same question of law is involved in these appeals.
(2.) Heard learned counsel for the appellant (owner of the vehicle), and learned counsel for the respondent Insurance Company (United India Insurance Company) and perused the record of the tribunal.
(3.) Brief facts, of the case, are that on 23.09.2005, at about 8:30 p.m., on Chakrata Lakha Mandal Road near Kadawa (Indroli), respondent Dhani Ram was driving utility vehicle bearing registration no. UA07E 4724 rashly and negligently, and consequently vehicle fell in a gorge. In the accident five persons namely Dinesh, Gyaru Das, Daulat Ram, Raniya and Fulma lost their lives. The first information report of the accident was lodged by one Pooran Chand. Dead bodies of five deceased were taken by the police in their custody, and after preparing inquest report their post-mortem examinations were conducted. Dependants of Dinesh filed Claim Petition No. 289 of 2005, dependants of Gyaru Das filed Claim Petition No. 286 of 2005, dependants of Daulat Ram filed Claim Petition no. 285 of 2005, dependants of Raniya filed Claim Petition No. 293 of 2005, and dependants of Fulma filed Claim Petition no. 294 of 2005. In all those claim petitions Dhani Ram, driver of the vehicle, Guman Das, owner of the vehicle (present appellant) and United India Insurance Company Ltd. with whom the vehicle was insured were impleaded as respondents.;
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