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2003 Supreme(P&H) 326

HARJIT SINGH BEDI
Sarli Devi – Appellant
Versus
Moolchand – Respondent


Judgment

H. S. Bedi, J.

1. This claim petition has been filed under sec. 166 of the Motor vehicles Act, 1988, claiming a sum of rs.10,00,000 as compensation on account of injuries suffered by the claimant in the accident which happened on 19.12.1998, involving a scooter bearing registration no. HNM 260, in which the claimant suffered serious injuries. The claim petition was controverted by the respondent No.1 mool Chand, the driver of the scooter, respondent No.2 the owner of the vehicle and the respondent No.3 the insurance company. On the pleas of the parties, the following issues were framed:

(i) Whether Sarli Devi widow of Sunda ram sustained injuries in a motor vehicle accident due to rash and negligent driving of Mool Chand, respondent No.1, driver of scooter No. HNM 260, if so, its effect? OPP (ii) If issue No.1 is proved in affirmative, to what amount the claimant is entitled and from whom? OPP (iii) Whether Mool Chand, respondent no.1, was not holding a valid driving licence, on the date of the accident? opr (iv) Relief.

2. Under issue No.1, the Tribunal held that the statement of Sarli Devi claimant, who appeared as PW 1 did not inspire confidence for the reason that she w



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