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2009 Supreme(HP) 543

KULDIP SINGH
SATYA DEVI – Appellant
Versus
BAKSHI RAM – Respondent


Advocates Appeared
For the Appellant:Mr. Ajay Sharma, Advocate.
For the Respondents:Mr. Raj Negi, Advocate vice Mr. B.C. Negi, Advocate, for respondents
No.1 and 2.
Mr. Sanjeev Sood, Advocate vice Mr. K.D. Sood, Advocate, for respondent No. 3.

JUDGMENT

Kuldip Singh, Judge.-The claimant has come in appeal against award dated 14.3.2005 passed by Motor Accident Claims Tribunal, Hamirpur in MAC Petition No.80 of 2002, dismissing the claim petition of the appellant. The facts in brief are that appellant had filed petition claiming of Rs.5,00,000/- compensation on account of death of his son Uttam Chand alias Tinku on 3.9.2000 involving tractor No.HP-22-9120. On 3.9.2000 the deceased was driving tractor No.HP-22-9120 with trolley. The tractor crossed the bus stop at village Sulghan, a truck came from opposite and wrong side which forced the deceased to take the tractor on extreme left and apply brakes with the result the tractor turned turtle and deceased came under the trolley and died on the spot. The deceased was earning Rs.5,000/- per month. The respondents No.1 and 2 were the owners and respondent No.3 insurer of the tractor at the relevant time. The deceased was aged of 22 years at the time of accident and death. On those facts the appellant filed the claim petition. The appellant filed an application under Order 6 rule 17 read with Order 1 rule 10 CPC for converting the petition under Section 166 of the Motor Vehicles




















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