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2006 Supreme(P&H) 1225

T.P.S.MANN, M.M.KUMAR
National Insurance Company Limited – Appellant
Versus
Kamlesh Kaur – Respondent


Judgment

M.M.Kumar, J.

1. This judgment shall dispose of F.A.O. Nos. 1379 and 1380 of 2006 as these appeals have been preferred against the composite award dated 23.1.2006, passed by the Motor Accident Claims Tribunal, Yamunanagar at Jagadhri, while deciding M.A.C.T. Case Nos. 87 and 88 of 2004. The facts have been taken from F.A.O. No. 1379 of 2006.

2. This is an appeal filed Under Section 173 of the Motor Vehicles Act, 1988 (for brevity, the Act), prays for setting aside the award dated 23.1.2006, pronounced by the Motor Accident Claims Tribunal, Yamunanagar at Jagadhri (for brevity, the MACT). The claimant-respondents have been awarded a total sum of Rs. 3,00,000/- Kamlesh Kaur, Kamaljit Singh (minor) and Raghvinder Kaur (minor) in M.A.C.T. Case No. 87 of 2004 against which instant F.A.O. No. 1379 of 2006 has been filed. In the other case i.e. M.A.C.T. Case No. 88 of 2004, subject matter of F.A.O. No. 1380 of 2006, the claimant-respondent Raghvinder Kaur has been awarded a sum of Rs. 75,000/- for the injuries suffered by her. The M.A.C.T. has found that the accident on 27.9.2004, had taken place on account of rash and negligent driving of the offending Dumper No. HR 3 8-6705. In








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