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2017 Supreme(P&H) 534

ANITA CHAUDHRY
Anita Sharma – Appellant
Versus
Balwinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Ashok Bhardwaj, Advocate
For the Respondent:Ms. Shamsher Kaur, Advocate

ANITA CHAUDHRY, J.

1. This is the claimants' appeal seeking enhancement in the award dated 24.05.2001 passed by the Motor Accident Claims Tribunal, Ambala.

2. The record of this file had been burnt in the fire accident which had taken place in the year 2011. Only the copy of the award could be reconstructed. None of the parties could give any material for reconstruction of the record. The counsels appearing for the parties agreed that the matter can be decided on the basis of whatever is available on the record.

3. Four persons including Arun Sharma were travelling in a Matador on 01.01.1999. The vehicle was being drive by respondent no.1 - Balwinder Singh. At about 5:00 PM when they had reached village Lachhru Khurd on Ghanaur-Ambala Road, the driver could not control the vehicle and went off the road and they fell into the canal and four occupants died on account of injuries and drowning. However, Karam Singh and respondent no.1 were lucky and escaped unhurt. The matter was reported to the police on the basis of which a DDR was registered.

4. Four claim petitions were filed. This appeal is by the legal heirs of Arun Sharma. He was 27 years old and was stated to be earning Rs.8,000/-























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