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2012 Supreme(P&H) 669

JITENDRA CHAUHAN
Jamil Khan – Appellant
Versus
Bajaj Allianz General Insurance Company Ltd. – Respondent


Advocates Appeared:
Mr. Randeep Singh, Advocate, for Mr. Vinod S. Bhardwaj, Advocate, for the appellants.
Ms. Vandana Malhotra, Advocate, for respondent No.1.None for respondent Nos.2 to 6.-

JUDGMENT

JITENDRA CHAUHAN, J.

The present appeal has been preferred by the appellants-driver and owner against the award dated 21.7.2010, passed by the learned Motor Accident Claims Tribunal, Faridabad, (for short, 'the Tribunal').

Briefly stated, the facts of the present case are that on 26.1.2008, Rajbir Singh, since deceased, along with the claimants-respondents was coming from Village Baroli, UP to Subhash Colony Faridabad, in a Maruti Car bearing registration No.HR-29-D-7171 being driven by the deceased himself. At about 8.00 p.m., when they reached near Bapu Nagar, NH-2, the maruti car struck with an Eicher Canter (Temporary No.RJ-02TC-1212/972), which was parked in the middle of the road without parking lights on or indicators, in a negligent manner. Due to the accident, all the occupants of the maruti car received injuries and were removed to the B.K. Hospital, Faridabad, where, the deceased Rajbir Singh succumbed to his injuries.

In this background, the claimants-respondents filed claim petition before the learned Tribunal seeking compensation.

On the pleadings of the parties, issues were framed, evidence was recorded and that claimants-appellants were awarded an amount of 6,










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