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2010 Supreme(P&H) 864

RAJESH BINDAL
Chaman Lal – Appellant
Versus
Sarabjit Singh – Respondent


Judgment

Rajesh Bindal, J.

1 The claimant is in appeal against the award dated 19.11.1993, whereby the Motor Accidents Claims Tribunal, Ludhiana, dismissed the claim petition filed by the appellant on account of injuries suffered by him in a motor vehicular accident, as time barred.

2 Briefly, the facts of the case are that on 6.4.1987, the appellant along with his employer - Dr. Shamsher Singh started their journey from Khanna at about 9.00 A.M. in car No. PAN-5266. Dr. Shamsher Singh was driving the car and the appellant was sitting on the back seat. When the car reached near village Jandiala, suddenly a scooterist came in front of the car. In order to save the scooterist, Dr. Shamsher Singh lost the control of the car and hit against a bus, which was coming from the opposite direction, which was being driven rashly and negligently. Due to the accident, Dr. Shamsher Singh died at the spot, whereas the appellant received multiple injuries. He filed the claim petition before the Tribunal, which was dismissed vide impugned award.

3 Learned counsel for the appellant submitted that the award of the learned Tribunal dismissing the claim petition filed by him opining that the same was be















































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