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2017 Supreme(P&H) 721

ANITA CHAUDHRY
Chander Bhan – Appellant
Versus
Naresh Kumar – Respondent


Advocates:
For the Appellants:Mr. K.S. Panwar, Advocate.
For the Respondent No. 3:Ms. Madhu Sharma, Advocate.

JUDGMENT

Mrs. Anita Chaudhry, J.: - This is the claimants appeal seeking enhancement of the compensation awarded to them by the Motor Accident Claims Tribunal, Karnal vide award dated 4.3.1999.

2. The record of this file had been burnt in the fire accident which had taken place in the year 2011. Only the co y of the award could be reconstructed. The counsels appearing for the parties agreed that the matter can be decided on the basis of the award.

3. Briefly narrating the facts, Jai Kailash who was 21 years old, unmarried, died on 22.4.1992 in a vehicular accident. The truck driven by respondent No. 1 hit him at 7.30 .M. and snuffed his life. The driver had reversed the truck and hit the cot on which Jai Kailash was sleeping. The claimants were his parents who had leaded that Jai Kailash used to earn his livelihood by applying a mule cart and used to earn Rs. 9,000/- per month. He used to carry bricks on his mule cart.

4. It is necessary to notice here that respondent No. 1 and 2 were proceeded exparte. The claim petition was contested only by the insurance com any and award was assed against the owner and the driver of the truck. Thereafter, an application was filed for setting



















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