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2006 Supreme(P&H) 3097

VINOD K.SHARMA
Ravinder Kaur – Appellant
Versus
Roop Lal – Respondent


Advocates Appeared:
For the Appellants :Mr. S.S. Virk, Advocate.
For the Respondent No. 3:Mr. Neeraj Khanna, Advocate.

JUDGMENT

Vinod K. Sharma, J. - The present appeal has been filed by the claimant- appellants against the award dated 18.3.1994 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as the Tribunal) in MACT Case No. 116 of 1992 Ravinder Kaur and another v. Roop Lal etc. for enhancement of compensation granted on account of death of their son Amandeep Singh alias Happy, aged about 4 years in a motor vehicular accident.

2. The claimant-appellants in their claim petition stated that the deceased was their only male child and that they have no capacity to produce any other child.

3. The brief facts of the case are that respondent No. 1 was the owner and respondent No. 2 was the driver, whereas respondent No. 3 was insurer of the offending vehicle bearing registration No. HPS 4794. They contested the claim petition filed by the claimants and on the pleadings of the parties, following issues were framed :-

"1. Whether the accident in question took place because of rash and negligent driving of respondent driver ? OPP

2. If issue No. 1 is proved, to what amount, if any, are petitioners in each case entitled to as compensation and from whom ? OPP

3. Relief."

4. On i









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