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2009 Supreme(P&H) 677

JASWANT SINGH
Bharat Kharbanda – Appellant
Versus
New India Assurance Company Limited – Respondent


Judgment

Jaswant Singh, J.

1. In Claim Petition No. 96 under section 166 of the Motor Vehicles Act, 1988 (for short the Act), which was decided by the learned Motor Accidents Claims Tribunal, Faridabad (for short the learned Tribunal) vide award dated 18.8.2005, petitioner was respondent No. 2, being the owner of the offending truck. That claim petition was filed by one Bimli and her three minor daughters and two minor sons, being the widow and children of deceased Raj man Ram, who died on 26.7.2002 in a motor vehicular accident involving the truck bearing registration No. HRU 8149 owned by the petitioner herein.

2. On the basis of evidence led by the parties that claim petition was allowed and compensation of Rs. 3,72,620 was awarded to the claimants-respondent Nos. 3 to 8. Raish Ali, respondent No. 2, who was driving the offending truck at the time of accident did not appear in the witness-box. His driving licence was, however, produced on record as Exh. Rl. It was found by learned Tribunal that the said licence was meant for driving LMV (light motor vehicle), whereas registration certificate Exh. R2 of the offending truck (HRU 8149) revealed that it was HTV (heavy transport vehic


























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