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2016 Supreme(P&H) 2820

SURINDER GUPTA
Noorddin – Appellant
Versus
Mohammad Haroon – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Pulkit Dagar, Rajesh Lamba
For the Respondents: Ashish Gupta

JUDGMENT :

Surinder Gupta, J.

The appellants-claimants have filed this appeal claiming enhancement of compensation allowed vide award dated 28.01.2013 by Motor Accident Claims Tribunal, Nuh (later referred to as 'the Tribunal') for the death of their son Jabir (later referred to as 'the deceased').

2. The case of the claimants, in brief, is that on 14.07.2011, the deceased was returning home on his motorcycle. When he was crossing Palwal T-point, a tractor bearing registration No. HR27-8811 (later referred to as 'the offending vehicle') hit the motorcycle of the deceased, who sustained serious multiple injuries, resulting in his death. The accident was caused due to rash and negligent driving of offending vehicle by its driver-respondent No. 1.

3. In written statement, respondents No. 1 and 2 i.e. driver and owner of the offending vehicle denied the accident. Respondent No. 3- insurance company also contested the claim petition.

4. On appraisal of evidence, the Tribunal recorded the finding that the accident had taken place due to rash and negligent driving of the offending vehicl












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