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2018 Supreme(SC) 795

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
SANTOSH DEVI – Appellant
Versus
MAHAVEER SINGH – Respondent


JUDGMENT

Dr. D.Y. CHANDRACHUD, J

1. The present appeal arises from a judgment of a learned Single Judge of the Punjab and Haryana High Court at Chandigarh in a first appeal against an award of the Motor Accident Claims Tribunal, Hissar.

2. The appellants are the wife and children of Puran Chand, who met with a road accident on 30 December 1992. A government Jeep, bearing Registration No. HYH-100 dashed into his moped, bearing Registration No. HR-20-A-7236. Puran Chand sustained grievous injuries and died.

3. The appellants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the MACT, seeking compensation of Rs. 10 lakhs. The MACT found that the Jeep was being driven rashly and negligently by the first Respondent on the wrong side of the road. The deceased was aged 38 years at the time of his death and was in the business of selling desi ghee and namkin bhujia. The appellants claimed that the monthly income of the deceased was Rs. 3,500. The MACT, however, held that the deceased was working in a small village; his shop bore no name; he was not paying tax, hence his income was assessed at Rs. 1,200 per month. Accordingly, the appellants were awarded an amo



















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