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2017 Supreme(P&H) 2431

DAYA CHAUDHARY
New India Insurance Co. Ltd. – Appellant
Versus
Shiv Kumar Yadav – Respondent


Advocates Appeared:
For the Appellant :D.K. Prajapati, Advocate.
For the Respondents:Sanjeev Patiyal, Advocate, Vikram Bali, Advocate.

JUDGMENT :

DAYA CHAUDHARY, J.

1. The present appeal has been filed by Insurance Company to challenge the impugned award dated 24.1.2013 passed by the Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as 'the Tribunal') under the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') whereby the claimant (respondent No.1) has been awarded compensation of Rs. 7,43,400/- along with interest @ 6% per annum from the date of filing of claim petition till its actual realization, on account of injuries sustained by the claimant in a motor vehicular accident which took place on 13.11.2009.

2. As per case of the claimant filed before the Tribunal on 13.11.2009, he was coming back home by driving his motor-cycle No. HR99EH-5928 from Kulhariwala, District Solan to Himshikha Colony, Pinjore. When he reached near village Dhamala at about 7.30 p.m., a tractor trolley, make Holland, which was being driven in a rash and negligent manner, while going ahead of motor cycle of claimant, took a turn towards village Dhamala without giving any indication. Consequent whereupon, the claimant was hit by tractor trolley and fell down on the road. He suffered multiple and grievous injuri






















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