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2014 Supreme(P&H) 526

NAVITA SINGH
Chameli Devi – Appellant
Versus
Mukesh alias Kalu – Respondent


Advocates:
For the Appellants:Mr. Ashok Jindal, Advocate for Mr. Sanjay Mittal, Advocate.
For the Respondents No.1 & 2:Mr. Bahadur Singh, Advocate.
For the Respondent No.3-United India Insurance Company Ltd.:Mr. Suvir Dewan, Advocate.

JUDGMENT

Ms. Navita Singh, J.: - Learned counsel for the parties have been heard.

2. This appeal is preferred against the award dated 20.2.1998 passed by Motor Accident Claims Tribunal (Tribunal for short), Rewari, whereby the claim petition filed by the appellants was dismissed.

3. The case of the appellants was that Kartar Singh, husband of appellant No.1 and father of other appellants, died in a road accident, which took place on 26.3.1994. On the said date, at about 8.30 p.m., the deceased was returning to his village from Rewari in a tractor bearing No.HR-36-2878, which was being driven by respondent No.1 in a rash and negligent manner. Kartar Singh fell down and was crushed under the wheel of trolley of the tractor. The vehicle was owned by respondent No.2 and was insured with respondent No.3. Compensation to the tune of Rs.10 lacs was claimed.

4. Respondents No.1 and 2 filed a joint reply admitting the ownership of the tractor and its insurance but denying the allegations that Kartar Singh had fallen down and died on account of rash and negligent driving of the tractor by respondent No.1. It was Holi on the fatal day and lot of crowd gathered near the village. The deceased,






















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