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2018 Supreme(P&H) 1621

AVNEESH JHINGAN
Oriental Insurance Company Ltd. – Appellant
Versus
Randhir Kaur – Respondent


Advocates Appeared:
For the Appellant :Mr. R.K. Bashamboo, Advocate.
For the Respondents:Mr. Pankaj Katia, Advocate.

JUDGMENT :

AVNEESH JHINGAN, J.

1. The present appeal has been filed against the award dated 11.03.2013 passed by Motor Accidents Claims Tribunal, SAS Nagar, Mohali (hereinafter referred to as 'the Tribunal').

2. The claimants and the insurer of the offending vehicle being aggrieved of the quantum of compensation awarded by the Tribunal filed the appeal and cross-objections.

3. The bare facts necessary for adjudication of the case are that on 28.02.2012, Sukhwinder Singh, aged 53 years, was coming back home on his scooter bearing registration No.PB-23L-8635. On reaching near village Sawara, the scooter was struck by rashly and negligently driven car bearing registration No.PB-12K-4977. As a result of the impact, Sukhwinder Singh fell down on the road and suffered injuries and died at the spot.

4. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') was filed by legal heirs of the deceased.

5. The Tribunal held that the accident occurred due to rash and negligent driving of the offending vehicle. The deceased was working as a driver in Maintenance


























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