JUDGEMENT
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(1.) The Insurance Company has preferred the present
appeal challenging the liability fastened on it in the claim petition
preferred by the claimants.
(2.) The deceased Amit Gautam, a student of Civil
Engineering was proceeding to his college in Jeep Cruzer bearing
registration No. HP-12B-6344 with five travelers on 29.12.2010. The
driver of the said vehicle drove the same negligently and having gone
on wrong side dashed the vehicle against a 'Safeda' tree and caused
the accident. The offending Jeep turned turtle. The deceased
sustained injury in the occurrence and succumbed to the same.
(3.) The Insurance Company took up a plea that the
deceased was travelling in the vehicle which was used as a
commercial one. There was no valid and effective route permit.
Having thus pleaded, the Insurance Company sought to dismiss the
claim petition.;
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