ORIENTAL INSURANCE CO. LTD Vs. GURDHIAN SINGH
LAWS(P&H)-2006-12-80
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 14,2006

ORIENTAL INSURANCE CO. LTD Appellant
VERSUS
GURDHIAN SINGH Respondents

JUDGEMENT

- (1.) THIS order will dispose of FAO Nos. 4785 and 4786 of 2006 as both the appeals arises out of the same award of the Motor Accident Claims Tribunal.
(2.) GURMEET Kaur and others preferred a claim petition on account of death of Mewa Singh, who along with Gurdhian Singh was going from Pehowato Cheeka by a motor cycle on 2.3.2005 at 7.30 p.m. He was hit by a truck bearing No. HR-63-3909 which was being driven by Palwinder Singh. He was taken to the hospital, where he was declared brought dead. Gurdhian Singh filed a claim petition on account of injuries sustained by him in the said accident. The petition was contested by the driver, owner as well as the Insurance Company.
(3.) FOLLOWING issues were framed: 1. Whether the accident resulting into death of Mewa Singh and injuries to Gurdhian Singh took place on 2.3.2005 on account of rash and negligent driving of truck No. HR-63-3909 by respondent No. 1?--OPP 2. If issue No. 1 is proved, whether petitioners are entitled to compensation, if so, to what amount and from whom?--OPP 3. Whether drivers of the offending truck was not holding a valid and effective driving licence and the truck in question was being driven in contravention of terms and conditions of the insurance policy on the date of accident?--OPR 4. Relief. ;


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