NEW INDIA ASSURANCE COMPANY LTD. Vs. SAROJ DEVI

JUDGEMENT

(1.) CM has been filed for issuing substituted notice to the respondents.

(2.) AFTER hearing learned counsel for the appellant and perusing the impugned order, in my view the necessity of issuing substituted notice would not be necessary as the appeal of the Insurance Company is liable to be dismissed for the reasons recorded hereinafter.

(3.) JASBIR Singh was working as Lance Naik in the Army and on the fateful day i.e. 21.8.1994 at about 8.00 p.m., he was returning to his Unit i.e. 63 Engineer Regiment on his bicycle. At that time the offending Maruti car No. HR 31 0007 driven in a rash and negligent manner by Ashok Kumar Mehal (respondent No.7) came at a high speed. The offending Maruti vehicle struck against the bicycle of Jasbir Singh (deceased) and dragged him with the bicycle for about 30 to 35 feet. The car was coming from the side of Zirakpur and the accident occurred near Baltana on the Zirakpur - Panchkula road. Jasbir Singh as a consequence of the injury that he suffered was taken to the Command Hospital at Chandimandir where he succumbed to his injuries.