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2018 Supreme(SC) 761

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
NUTAN RANI – Appellant
Versus
GURMAIL SINGH – Respondent


Advocates appeared:
For the Appellants :Siddharth Mittal, Usha Nandini. V, Nayan Nepal, Advocates.

JUDGMENT

Dr. D.Y. Chandrachud, J.

The appeal is from a judgment of the High Court of Punjab and Haryana at Chandigarh dated 23 February 2011, in a first appeal against a decision of the Motor Accident Claims Tribunal, Chandigarh.

2. The appellants are the heirs and legal representatives of Ashok Kumar who died as a result of an accident on 31 March 1994. He was 30 years old at Signature Not Verified the time of the accident and worked as a commission agent/salesman with a Digitally signed by firm in Ludhiana. The accident took place while he was travelling in a bus belonging to the Chandigarh Transport Undertaking. While he was alighting from the bus, it moved abruptly which caused him to fall. The fall resulted in serious injuries and led to his death on the following day.

3. The heirs of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the tribunal, to seek compensation of Rs. 20 lakhs. The Tribunal held that negligence on the part of the bus driver was not proved. However, an amount of Rs. 50,000 was awarded towards no fault liability









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