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2013 Supreme(P&H) 1681

NAWAB SINGH
KASHMIR KUMAR – Appellant
Versus
MOHAN SINGH – Respondent


JUDGMENT :

Nawab Singh, J

Satya Devi, aged 58 years, a pensioner died in a vehicular accident on March 11, 2007 due to rash and negligent driving of truck No. HR-46-9873 by Mohan Singh - respondent No. 1, at Pathankot. First Information Report No. 19 dated March 11, 2007 (Exhibit P4) was registered by the Police of Police Station Division No. 1, Pathankot against the driver of the truck. Post mortem examination was conducted on the dead body of Satya Devi and the report is Exhibit P5.

2. Two major sons and one major daughter of Satya Devi filed claim application u/s 166 of the Motor Vehicles Act, 1988 (for short 'the Act') before Motor Accident Claims Tribunal, Gurdaspur (for short 'the Tribunal'). The Tribunal vide its-award dated March 17, 2010 awarded compensation of Rs. 1,00,000/- along with interest at the rate of 9% per annum, to the claimants.

3. Feeling dissatisfied with the amount of compensation, the claimants have filed the instant appeal. Learned counsel for the Insurance Company, while opposing the appeal has stated that the claimants were not dependent on the income of the deceased.

4. The matter was referred to the Mediation and Conciliation Centre of this Court, where, l





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