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2006 Supreme(P&H) 159

ASHUTOSH MOHUNTA
Rachna Aggarwal – Appellant
Versus
Ramji Singh – Respondent


Judgment

Ashutosh Mohunta, J.

1. A Maruti Esteem Car bearing registration No. CH-01-S-3144, being driven by Manoj Kumar Aggarwal while going from Chandigarh to the shrine of Mata Vaishno Devi on 8.11.1997, met with an accident with the truck bearing registration No. PB-06-2298 (for short the offending truck), which was being driven by Ramji Singh (respondent No. 1), near village Saror in District Jammu. Manoj Kumar Aggarwal died at the spot. His father Parmod Kumar Aggarwal lost his life on 9.11.1997 on account of the injuries suffered by him in the said accident. Kshitiz Singh minor child of Virender Singh, i.e. sisters son of Manoj Kumar Aggarwal, received severe injuries. Three separate claim petitions were filed by Smt. Shashi Aggarwal (widow of Parmod Kumar Aggarwal), Smt. Rachna Aggarwal (widow of Manoj Kumar Aggarwal) along with her minor children, and the minor Kshitiz Singh injured through his father Virender Singh. The Motor Accident Claims Tribunal, Chandigarh (for short the Tribunal) vide a consolidated judgment dated 24.4.2002 awarded compensation to the tune of Rs. 31,20,000/- to the widow and the children of Manoj Kumar Aggarwal deceased; Rs. 9,43,000/- to Smt. Shashi




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