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2015 Supreme(HP) 1256

MANSOOR AHMAD MIR
Ketal Singh – Appellant
Versus
Narinder Kumar – Respondent


Advocates:
Advocate Appeared:
For the appellants :Mr. Arun Kumar, Advocate, vice Mr. Peeyush Verma, Advocate
For the respondents:Ms. Soma Thakur, Advocate, vice Ms. Devyani Sharma, Advocate, in FAO No.286 of 2009
Mr. Ratish Sharma, Advocate, for respondent No.7, in FAO No.286 of 2009
Nemo for other respondents

JUDGMENT :

Mansoor Ahmad Mir, J.

Both these appeals are the outcome of a motor vehicle accident, which was caused by driver, namely, Kuldeep Singh while driving the truck bearing registration No.HR-37A-5735, rashly and negligently. Therefore, both the appeals are taken up together for final disposal.

2. Claimants in MAC Petition No.34/03 RBT 7/05/03 are the legal representatives of deceased Gurmail Singh, who filed the Claim Petition claiming compensation to the tune of Rs.9.00 lacs, as per the break-ups given in the Claim Petition The injured Narinder Kumar also filed the Claim Petition, which was registered as MAC Petition No.35/03 RBT 6/05/03, titled Narinder Kumar vs. Kuldeep Singh and others, claiming compensation to the tune of Rs.4.00 lacs, as per the break-ups given in the Claim Petition.

3. Precisely, the facts of the case are that on 21st November, 2002, deceased Gurmail Singh alias Mela Ram, alongwtih one pillion rider, namely, Narinder Kumar, was going on his motorcycle bearing registration No.HP-19A- 1576, and when they reached at Amb at about 10.30 p.m., a truck bearing registration No. HR-37A-5735 was parked in the middle of road, without any indicator as per the require




































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