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2017 Supreme(P&H) 2284

AVNEESH JHINGAN
Pinki Rani – Appellant
Versus
Jaswinder @ Kala – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ravindra Jain, Advocate
For the Respondent:Mr. Paul S. Saini, Advocate

JUDGMENT :

AVNEESH JHINGAN, J.

1. The present appeal has been filed against the award dated 8.9.2011 passed by the Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri (for short 'the Tribunal').

2. The brief facts necessary for adjudication of the present appeal are as under:

3. On 17.8.2010 Nitin aged 6 years old boy was struck by rashly and negligently driven motor cycle bearing registration No. HR02-L- 2041 (for short 'the offending vehicle'). As a result of the accident, the boy suffered multiple grievous injuries and was taken to Sharma Hospital, Jagadhri, from there he was taken to Jindal hospital where he remained admitted upto 25.8.2010 and he ultimately succumbed to his injuries. FIR No. 156 dated 17.8.2010 was registered at Police Station Sadar, Yamuna Nagar.

4. The unfortunate parents who lost their child filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act'). The Tribunal after considering witnesses and evidence produced, awarded a sum of Rs. 2,89,100/- alongwith interest at the rate of 7.5 % per annum. The said amount award






















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