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2015 Supreme(HP) 136

RAJIV SHARMA
Future General India Insurance Co. Ltd. – Appellant
Versus
Amarjeet Kaur – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Neeraj Gupta, Advocate.

JUDGMENT

Rajiv Sharma, J.

1. This appeal is instituted against the award dated 19.9.2014 rendered by the Motor Accident Claims Tribunal-I, Solan in MAC Petition No. 6-NL/2 of 2012.

2. Key facts necessary for the adjudication of this appeal are that respondents No.1 and 2 (hereinafter referred to as the “claimants” for convenience sake) instituted a claim petition under section 166 of the Motor Vehicles Act, 1988 for compensation on account of death of their daughter, who died in an accident caused by respondent No.4 Sham Lal, Driver. The vehicle No.HR-37C-5933 was owned by respondent No.3 Noor Hussain. Daljeet Kaur was 23 years of age. She was doing B.Tech (IT) from the Institute of Engineer and Emerging Technologies, Baddi. She met with an accident on 2.11.2011 when she was coming from Kharuni to Kishanpura side on motorcycle No.HP-12-D-3687, as pillion rider. Motorcycle was driven by Sachin Kumar. When they reached near village Kishanpur at about 7.15 P.M., respondent No.4 came from Nalagarh side driving the offending vehicle No. HR-37-C-5933 in a rash, negligent and careless manner. The truck struck against the motorcycle. Daljeet Kaur received multiple injuries. She was taken to































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