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2018 Supreme(P&H) 1018

ANIL KSHETARPAL
Arvind Kumar – Appellant
Versus
Sham Sunder Ravi Kumar – Respondent


Advocates:
Advocate Appeared:
Mr.Nitish Garg, Advocate for the appellant in FAO No.4364 of 2006 and for respondent-Arvind Kumar in FAO No.4168 to 4170 and 4396 to 4399 of 2006.
Mr.Paul S. Saini, Advocate with Mr.Vipul Sharma, Advocate for the appellant/Insurance Company in FAO Nos.4396 to 4399 of 2006 and for respondent-Insurance company in FAO Nos.4168 to 4170 and 4364 of 2006.
Mr.Ashok Jindal, Advocate for the appellant(s) in FAO No.4168 to 4170 of 2006 and for respondent No.1 in FAO No.4396 to 4398 of 2006.

JUDGMENT :

ANIL KSHETARPAL, J.

1. By this order, eight appeals bearing FAO Nos.4168 to 4170, 4364 and 4396 to 4399 of 2006 shall stand disposed of, as all these appeals are arising out of an accident which took place on 8.7.2003. Four appeals bearing FAO Nos.4396 to 4399 of 2006 have been filed by the Insurance Company, whereas remaining four appeals bearing FAO Nos. 4168 to 4170 and 4364 of 2006 have been filed by the claimants for enhancement of the compensation.

2. Claimants filed separate claim petitions under Section 163-A of the Motor Vehicles Act, 1988 (`the Act' for short), claiming that on 8.7.2003, they were travelling in a car bearing Registration No. PB-30-B-2821, being driven by Arvind Kumar, one of the claimants. At 5.30 PM their vehicle met with an accident with one Tata Safari bearing Registration No.PB-10-BA-0200, coming from opposite side, being rashly and negligently driven by Major Singh.

3. In the case of Arvind Kumar-appellant in FAO No.4364 of 2006 and respondent in FAO No.4399 of 2006, it is claimed that Arvind Kumar was admitted in the hospital, i.e. Daya Nand, Medical College, Ludhiana on 8.7.2003 as he suffered multiple injuries and various surgeries had to b




























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