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2016 Supreme(P&H) 231

DARSHAN SINGH
Balwan Singh – Appellant
Versus
Sunil – Respondent


Advocates:
Advocate Appeared:
Mr. S.K. Tripathi, Advocate for appellant.
Mr. J.S. Ghuman, Advocate for respondent.

JUDGMENT :

DARSHAN SINGH, J.

The present appeal has been preferred against the award dated 30.05.2001, passed by learned Motor Accidents Claims Tribunal, Gurgaon (hereinafter called the ‘Tribunal’) vide which the claim petition filed by the appellant-claimant under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called the 'Act') for grant of compensation has been dismissed on the ground that the claimant has not been able to establish that he has sustained the injuries on account of rash and negligent driving of the tractor in question by the respondent.

2. Learned counsel for the appellant contended that the claimant has himself stepped into the witness box as PW1 and has fully supported the mode of accident mentioned in the claim petition. Even a criminal case was registered against the respondent for causing this accident on the statement of the claimant bearing FIR No.247 dated 27.08.2009 under Section 279/337/338 of the Indian Penal Code, 1860 at Police Station–Sector 10, Gurgaon. He contended that from the statement of the claimant corroborated from the copy of the FIR Ex.P44, it is established that the accident has taken place due to rash and negligent driving of th










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