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2014 Supreme(P&H) 1566

NAVITA SINGH
New India Assurance Company Ltd. – Appellant
Versus
Gobind Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Neeraj Khanna, Advocate.
For the Respondent No. 1:Dheeraj Narula, Advocate.
For the Respondent No. 2:P.K. Ganga, Advocate.

JUDGMENT :

Navita Singh, J.

Learned counsel for the parties have been heard.

2. This appeal has been filed by the Insurance Company against the award dated 16.7.2009 passed by Motor Accident Claims Tribunal (Tribunal for short), Sirsa, whereby the claimant-respondent No. 1 was awarded compensation to the tune of Rs. 1,33,541/- on account of injuries sustained by him in the accident on 11.7.2005.

3. The case of the claimant-respondent No. 1 before the Tribunal was that on 11.7.2005 at about 6.30 a.m., he along with his grand-father Patel Singh was coming from their fields situated at Jalalana Road to Odhan on foot and at that time they were going on the left side of the road on kutcha berm. When they reached about half km away from Odhan, one canter bearing No. RJ31G-1491 came from the side of Odhan, which was being driven by respondent No. 1 (respondent No. 2 herein) in a rash and negligent manner and struck against the claimant. Resultantly, left foot of the claimant came underneath tyre of the canter and got crushed badly. He also sustained injuries on his forehead, right feet and on other parts of the body. A criminal case was registered against the driver of the canter.

4. Responden















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