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2016 Supreme(HP) 1629

MANSOOR AHMAD MIR
Bholi Devi – Appellant
Versus
Avtar Singh – Respondent


Advocates Appeared:
For the Appellants :Mr. Jagdish Thakur, Advocate.
For the Respondents:Mr. Tara Singh Chauhan, Advocate, Mr. Ratish Sharma, Advocate.

JUDGMENT :

Mansoor Ahmad Mir, J.

1. This appeal is directed against the award, dated 8th December, 2010, passed by the Motor Accident Claims Tribunal-II, Una, H.P., (for short, the Tribunal), in Claim Petition No. 23 of 2008, titled Bholi Devi and others vs. Avtar Singh and others, whereby the claim petition, filed by the claimants, was dismissed, (for short the “impugned award”).

2. Feeling aggrieved, the claimants filed the instant appeal.

3. I have heard the learned counsel for the parties and gone through the record.

4. The Tribunal has dismissed the claim petition on the ground that the accident was the outcome of rash and negligent driving of deceased Ram Lal himself and that respondent No.1 Avtar Singh had not driven the truck rashly and negligently at the relevant point of time.

5. In order to ascertain whether the claim petition was rightly dismissed by the Tribunal, this Court vide order dated 17th June, 2016, directed the Police Agency to file case diary in regard to FIR No.178, dated 15th August, 2008, registered at Police Station, Amb, District Una, H.P., qua the accident in question. The concerned Agency filed the report (pages 21 to 44 of the appeal), which does disclose t




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