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2016 Supreme(Raj) 439

KANWALJIT SINGH AHLUWALIA
Bhagwan Sahay – Appellant
Versus
Ganguram – Respondent


Advocates:
Advocate Appeared:
For the Appellants : B.C. Rawat

JUDGMENT :

Kanwaljit Singh Ahluwalia, J.

On 28.5.1994 at about 5:30 PM, on National Highway No.11 near village Sikandara Ki Dhani, Kumari Bina and Smt. Durga Devi were travelling in tractor. The tractor was parked on the side, when a Tanker bearing Registration No. GJ 12 T 8512 came from the side of Manpur in a rash and negligent manner and collided with the parked tractor. As a result thereof, Smt. Durga Devi and Kumari Bina died. Legal heirs of Durga Devi filed a claim petition. The said claim petition was decided by the Motor Accident Claims Tribunal, Dausa Camp at Bandikui by giving award dated 6.2.1996.

2. The finding given by the Tribunal that the accident had occurred due to rash and negligent driving of offending vehicle has not been assailed. The present appeal has been filed for enhancement of the award given in favour of the claimants of Durga Devi.

3. The Tribunal in its award determined the age of Durga Devi as 45 years. The Tribunal noted that in his testimony Ram Dayal A.W.1 son of Durga Devi deceased deposed that Durga Devi was earning Rs.2500/- per month as a lab












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