NATIONAL INSURANCE CO. LTD. Vs. SMT. HIRA AND ORS.
LAWS(RAJ)-2016-4-68
HIGH COURT OF RAJASTHAN
Decided on April 23,2016

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
Smt. Hira And Ors. Respondents

JUDGEMENT

Mahesh Chandra Sharma, J. - (1.) All these misc. appeals arise out of common judgment and award dated 24.4.2012 passed by the learned Judge, Motor Accident Claims Tribunal and Addl. District Judge, Kekri ('the learned Tribunal' for short hereinafter), hence same are being decided by the common Judgment.
(2.) Brief facts of the case are that the legal representatives of deceased filed a claim petitions before the learned Tribunal mentioning therein that when the deceased Pratap, Sharwan, Mahaveer and Ratan were going as a pedestrian then a tractor bearing Registration No. RJ-01-RA-2248 attached with trolly came with high speed and due to rash and negligence of tractor driver, the tractor was over turned in which Mahaveer died on the spot and other persons namely; Pratap, Sharwan and Ratan sustained injuries. However, during the course of treatment they also died.
(3.) The learned Tribunal issued notices, The non-claimants No. 1, 2 and 3 therein filed reply to the claim petitions. Defences were also taken. On the basis of the pleadings of the parties, the learned Tribunal framed four issues.;


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