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2007 Supreme(SC) 723

LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Kaushalya Devi – Appellant
Versus
Karan Arora – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J. —

Leave granted.

1.Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court which dismissed the appeal filed by the husband of the appellant. In the appeal, appellant was respondent no.4. The background facts in a nutshell are as follows :

(a)A claim petition was filed by the husband of the appellant, namely, Balwant Singh in terms of Sections 166, 140 and 141 of the Motor Vehicles Act, 1988 (in short the ‘Act’). In the claim petition, the present appellant was impleaded as respondent no.4 while the driver of the vehicle no. HR 41/3347 and the owner of the vehicle were impleaded as respondents 1 and 2. The United India Insurance Company Ltd. (hereinafter referred to as the ‘insurer’) was impleaded as respondent no.3. In the claim petition filed on 15.3.1997 which was registered on 17.3.1997, it was alleged that the son of Balwant Singh (claimant) and the present appellant, died as a result of the vehicular accident in which the aforesaid car was involved. The deceased was aged about 14 years and was the only son of the appellant. The accident took place on 5.2.1997 when Karan Arora (respondent no.1)















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