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2017 Supreme(P&H) 119

ANITA CHAUDHRY
Ramesh Vij – Appellant
Versus
JCT Mills – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. H.S. Thiara, Advocate
For the Respondent:Mr. D.P. Gupta, Advocate

ANITA CHAUDHRY, J.

1. The appellants are the claimants who are seeking enhancement of the award allowed by the Motor Accident Claims Tribunal, Hoshiarpur.

2. It is necessary to first refer to the facts to appreciate the case of the appellants and to find out as to whether the appellants are entitled to any enhancement. An accident had taken place on 18.09.1998, in which Darshna wife of Ramesh Vij and Bandana d/o Ramesh Vij had died. Two claim petitions were filed by Ramesh Vij and his son & daughter seeking compensation for both the deaths. The accident had taken place when Darshna and her daughter were travelling with the family in a Tata Sumo car from Bassi Ballo to Haridwar. The vehicle was driven by Hardev Singh who also died in the accident. The family had left their village at 4:00 PM and were proceeding to Haridwar to perform the last rites of the father of Ramesh Vij. Their car was ahead of village Rurki Kalan, P.S. Balachaur when a truck driven by respondent no.2 came from Balachaur side and hit the Tata Sumo car after coming to the wrong side of the road. Darshna and Bandana died on the spot. The driver Hardev's body was split into two pieces and his head was torn and throw
































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