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2017 Supreme(J&K) 811

SANJAY KUMAR GUPTA
Raj Kumari – Appellant
Versus
Kuldeep Raj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.P. Gandhi

JUDGMENT :

1. The Appellant has filed this appeal against order dated 16.08.2014 passed by the learned Principal District & Sessions Judge, Jammu, whereby the petition filed by the appellant under Section 6 of the Succession Certificate Act, 1977, was dismissed.

2. Learned counsel for the appellant has stated in the appeal that Dayawanti was survived by her only son Om Parkash, who was married with one Raj Kumari, and out of the wedlock of Om Parkash and Raj Kumari two male children Happy Sharma alias Shallu and Kuldeep Raj was born. Happy Sharma alias Shallu met with an accident on 13.11.2010 due to rash and negligent driving of Kuldeep Sharma and died, so mother of the deceased Raj Kumari and grandmother of the deceased Dayawanti who were solely dependent upon the deceased Happy Sharma alias Shallu, both filed a petition under Section 160 & 140 of Motor Vehicles Act before the Hon'ble Motor Accidents Claims Tribunal, Jammu. That while the trial was concluded and the case was for passing of the Award, grandmother of the deceased who was one of the petitioners in the claim petition namely, Dayawanti died on 15.09.2013 and on 29.01.2014 the Motor Accidents Claims Tribunal, Jammu was p










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