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2016 Supreme(P&H) 422

SURINDER GUPTA
Lilawati – Appellant
Versus
Fateh Singh – Respondent


Advocates:
For the Appellant:Mr. Rakesh Lathwal, Advocate.
For the Respondent No. 3-Insurance Company:Mr. Vishal Goyal, Advocate.

JUDGMENT

Mr. Surinder Gupta, J.: - This is appeal against award dated 25.02.2011 passed by the Motor Accident Claims Tribunal, Sonepat (later referred to as ‘the Tribunal’) whereby claim petition filed by Lilawati for the death of her son Subhash @ Ganga in a motor accident with truck (container) bearing registration No. HR-47A-3781 (later referred to as ‘the offending vehicle’) was dismissed.

2. Case of the claimant, in brief, is that on 17.07.2009, Subhash @ Ganga (deceased) alongwith one Bijender Singh son of Thanan Singh was going to Singhola, Delhi from Prem Colony, Kundli, Sonepat on a motorcycle bearing registration No. DL- 8SND-1059. The motorcycle was being driven by Subhash @ Ganga. When they reached near Batra Petrol Pump on main G.T. Road at about 06.00 a.m., the offending vehicle came from opposite side, which was being driven by respondent no. 1 in a rash and negligent manner. The offending vehicle dashed against the motorcycle of deceased as a result of which he fell on left side of the road while Bijender Singh fell on right side of the road. Front wheel of the





























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