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2010 Supreme(P&H) 1265

VINOD K.SHARMA
Paramjit Singh @ Gulab Singh – Appellant
Versus
Balak Ram – Respondent


Advocates:
For the Appellant:Mr. Shailender Kashyap, Advocate.

JUDGMENT

Vinod K. Sharma, J.(Oral).:- This appeal, by the driver, is directed against the award dated 11.2.2010, passed by the learned Motor Accident Claims Tribunal, Ambala, vide which the claim petition filed by the claimants under Section 163-A of the Motor Vehicles Act, stands accepted.

2. The claimants claimed compensation on the pleadings, that on 4.5.2009, Smt. Balbir Kaur along with Baljinder, Santosh, Asha, Gulabo, Krishna and Bachni were travelling in three-wheeler to attend the last rites of their relation.

3. At about 12/12.30 p.m. when they were coming back and entered the main road, scorpio bearing registration No. HR-36/H-8687 being driven rashly and negligently came from Delhi side and hit against the three-wheeler. As a result of the impact, all the passengers of three-wheeler received injuries. The injuries received by Smt. Balbir Kaur proved fatal.

4. The accident was said to have been witnessed by Balak Ram and his brother Ashok Kumar, who were said to be following them on a separate vehicle, and who had also shifted the injured to the hospital.

5. The accident occurred due to the involvement of scorpio bearing No. HR-36/H-8687, which was driven by respondent No




















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