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2009 Supreme(P&H) 2167

RAKESH KUMAR JAIN
Mohd. Jamil – Appellant
Versus
Davinder Kaur – Respondent


Judgment

Rakesh Kumar Jain, J.

1. This is a petition under Article 227 of the Constitution of India for setting aside the order dated 16.8.2008 (Annexure P-l) passed by the District Judge, Sangrur whereby, the warrants of arrest for detaining the petitioner in.civil prison was issued.

2. The Respondents before the Court are the complainants in a Motor Accidents Claim No.24 F 31.1.2001 filed on account of death of Harbhajan Singh against the present petitioner (Mohd. Jamil) and the driver (Shoukat Ali) of the offending vehicle. Learned Motor Accident Claims Tribunal, Sangrur (for short the Tribunal) vide order dated 4.3.2003 allowed the claim petition and awarded compensation to the tune of Rs.5,28,000/-. The order passed by the Tribunal reads as under:-

"In view of my findings of the issues above, I am of the opinion that the present claim petition must succeed. I, therefore, allow the same and direct Shoukat Ali and Mohd. Jamil respondents to pay the amount of compensation of Rs.5,28,000/-jointly and severally to the claimants and Surjit Kaur respondent for causing the death of Harbhajan Singh in a road accident, I accordingly allow a sum of Rs.One Lac as compensation to Surjit Kau












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