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2017 Supreme(P&H) 1820

JASPAL SINGH
Oriental Insurance Co. Ltd. – Appellant
Versus
Rajinder Singh – Respondent


For the Petitioner:Mr. Raj Kumar Bashamboo, Advocate.
For the Respondents:Mr. Vaibhav Sehgal & Mr. G.S. Salana, Advocates.

JUDGMENT

Mr. Jaspal Singh, J :- Instant appeal has been directed by the Oriental Insurance Company (for short ‘insurance company’) feeling dissatisfied with the award dated November 10, 2012 passed by Motor Accident Claims Tribunal, Ludhiana in MACT No. 56 of 24.09.2009 titled as Rajinder Singh vs. Pawan Singh & others, whereby, appellant-company has been directed to pay a compensation to the tune of Rs.2,04,400/- on account of death of Gurnam Singh father of respondent No.1-claimant in a motor vehicular accident occurred on May 28, 2009 involving truck bearing registration No. PB-23-E-1254 which was being driven by respondent No.2-Pawan Singh and insured with appellant-company.

2. While assailing the impugned award it has been argued with vehemence by learned counsel for the appellant that the same is absolutely against the evidence available on file and settled canons of law and misappreciation of evidence available on record has resulted into miscarriage of justice. In fact, respondent No.1/claimant has miserably failed to establish either that he is the adopted son of the deceased-Gurnam Singh or that he is/was in any way dependent upon the income of the deceased. Otherwise also





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