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2013 Supreme(P&H) 679

Nawab Singh
Rama Nand – Appellant
Versus
Bane Singh – Respondent


Advocates:
For the Appellants:Mr. Atul Yadav, Advocate.
For the Insurance Company-Respondent No.3:Mr. Suman Jain, Advocate.

JUDGMENT

Mr. Nawab Singh. J (Oral):- This claimants’ appeal is directed against the judgment-cum-Award dated March 16th, 2012 passed by the Motor Accident Claims Tribunal (for short “the Tribunal”), Gurgaon.

2. On April 29th, 2010 Sushila, aged 35-36 years, along with her three children, was travelling in jeep No. HR-20-D- 0904 from Tosham to Bhiwani. When they reached in the area of village Biran, a canter bearing No. HR-69-A-2662 driven by Ravinder in a rash and negligent manner, came from opposite direction, at a fast speed and dashed into the jeep. Sushila and one Ranjit suffered multiple injuries and died on the spot. FIR No.186 (Exhibit P-1) under Section 304-A IPC was registered in Police Station Sadar, District Bhiwani against driver of the canter.

3. The claim application was filed under Section 166 of the Motor Vehicles Act by husband, eight daughters and one son of the deceased. It was pleaded that the deceased was earning Rs.10,000/- per month by selling milk and doing job in a private school.

4. The Tribunal considering the deceased to be unskilled labourer, held her income at Rs.4000/-per month rejecting the claim of the claimants. It was so held because there was no














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