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2017 Supreme(P&H) 598

ANITA CHAUDHRY
Baldev Kaur – Appellant
Versus
Om Parkash – Respondent


Advocates Appeared:
For the Appellant : Mr. Neeraj Khanna.
For the Respondents: Mr. Kashish Garg and Mr. D.P. Gupta.

JUDGMENT :

ANITA CHAUDHRY, J.

1. This is the claimants' appeal against the order of dismissal dated 12.03.1998, passed by the Motor Accident Claims Tribunal, Bathinda.

2. A petition under Section 163-A of the Motor Vehicle Act was filed by the legal heirs of Sukhdev Singh. He died in an accident which occurred on 07.04.1994. It was filed on 03.11.1995 and subsequently amended in 1997. The deceased was 35 years old and had a monthly income of Rs. 2,000/-. A DDR was registered with respect to this accident on 08.04.1994.

3. Sukhdev Singh was returning from Ambala. His vehicle developed a snag and went out of order and struck against the tree as a result Sukhdev suffered injuries on his vital organs and died on the spot.

4. A number of objections were raised by the owner and the insurance company. It was pleaded that no accident had taken place and the Court had no territorial jurisdiction. Plea of limitation was taken. It was pleaded that a claim petition could be filed within six months of the accident and no application seeking condonation had been filed. It was pleaded that the claim could have been filed under the Women Compensation Act and that too if it was permissible under that Ac






















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