Sbi General Insurance Company Ltd v. Kamlesh And ORS

 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-2754-2016 (O&M) Date of decision: 12.12.2022 SBI General Insurance Company Ltd.

...Appellant

Versus

Kamlesh and others

...Respondents

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN

    

  !! "   !  ##### H.S. MADAAN , J. (Oral) Briefly stated facts of the case are that on 10.08.2014, Sandeep Kumar, Ram Mehar along with Rajesh were going from bus stand Jind to village Mirchpur in car bearing No.HR-31C-2480 being driven by Rajesh at a moderate speed on left hand side of the road. At about 12.50 am, when the car had reached on old Hansi road near village Beer, in the meanwhile, a truck trailer bearing No.HR-58A-1438 being driven by respondent No.1 Bishan Singh Saini at a high speed in a rash and negligent manner came from opposite direction and by going on right side of the road, hit the car in question, resulting in the accident in which Ram Mehar, Rajesh and Sandeep Kumar suffered multiple injuries and the car was also damaged extensively. All the three injured were taken to General Hospital, Jind where Ram Mehar and Sandeep Kumar were

 declared dead by the doctor, whereas, Rajesh was medically treated. Formal FIR No.661 dated 10.08.2014, for offences under Sections 279, 337 and 304-A IPC was registered against respondent No.1. Ms. Kamlesh and Santosh, married sisters of deceased Sandeep Kumar had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against the driver, owner and insurance company of the truck trailer in question. That claim petition along with two connected claim petitions were disposed of by  $  %$&'

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