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2017 Supreme(P&H) 1804

AVNEESH JHINGAN
Balwinder Singh (since deceased) through his LRs. – Appellant
Versus
Manoj @ Mannu – Respondent


Advocates Appeared:
For the Appellant :Mr. Jagtar Kureel, Advocate
For the Respondents:Mr. Banni Thomas, Advocate

JUDGMENT :

Avneesh Jhingan, J.

1. Present appeal has been preferred by the claimant against the award dated 03.10.2012 passed by Motor Accidents Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal').

2. On 11.06.2008, Balwinder Singh, aged about 40 years, met with an accident with a truck bearing registration No.HR-46-7120 which was being driven rashly and negligently by Manoj @ Manu. As a consequence of the accident, Balwinder Singh suffered injuries and his second toe of right foot was amputated.

3. The claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') was moved.

4. The Tribunal after considering the witnesses and evidence produced, awarded a sum of Rs.2,10,000/- as compensation. The Tribunal further held that the recovery be effected jointly and severally from the driver and the owner.

5. Aggrieved of the said award, the present appeal has been filed. I have heard the learned counsel for the appellant and learned counsel for the Insurance Company.

6. Respondents No.1 and 2 (driver and the owner) were served respectively throug

















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