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2021 Supreme(HP) 38

VIVEK SINGH THAKUR
Teja Singh – Appellant
Versus
Parvinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr.Bimal Gupta, Sr. Advocate with Ms. Poonam Moghta, Advocate.
For the Respondents:Ms. Sunita Sharma, Sr. Advocate with Ms. Saraswati, Advocate, Mr.Gulzar Singh Rathour/Mr. Pankaj Sawant, Advocate, Mr.Deepak Bhasin.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. In this appeal award dated 11.4.2012 passed by learned Motor Accident Claims Tribunal-I, Sirmaur at Nahan (hereinafter referred to as the MACT) in Petition No. 35- MAC/2 of 2007 titled Teja Singh and others vs. Parvinder Singh and others, has been assailed by claimants, for dismissal of their claim petition filed under Section 163-A of Motor Vehicles Act (hereinafter referred to as the MV Act) seeking compensation for a sum of Rs 4,87,000/- on account of death of Sanjay Kumar in an accident dated 18.2.2007, which took place near Kalesar Police Station Khijrabad, District Yamunanagar (Haryana).

2. Appellants/claimants Nos. 1 and 2 are parents, whereas appellants/claimants No. 3 and 4 are sister and brother of deceased Sanjay Kumar. Respective age of appellants/claimants, on the date of filing of claim petition, was 47, 45, 16 and 13 years. Age of deceased, as disclosed by PW2 Teja Singh and PW3 Kirat Singh, which is not disputed and as also mentioned in postmortem report, was 20 years on the day of accident.

3. Claim of appellants is that on 18.2.2007 deceased Sanjay Kumar, who was earning his livelihood and serving his parents, sister and brother by

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