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2017 Supreme(P&H) 2776

DAYA CHAUDHARY
Oriental Insurance Company Limited – Appellant
Versus
Rajinder Kumar Sharma – Respondent


For the Petitioner:Mr. Ashwani Talwar, Advocate.
For the Respondents:Mr. K.S. Dhillon & Mr. Bhoop Singh, Advocates.

JUDGMENT

Mrs. Daya Chaudhary, J.:- The appellant-Insurance Company has filed the present appeal challenging impugned award dated 12.11.2012 passed by the Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as ‘The Tribunal’) whereby claimants have been awarded compensation of Rs. 14,73,280/- on account of death of Santosh Rani in an accident which took place on 21.12.2010.

2. Briefly, the facts of the case as made out in the claim petition are that on 21.12.2010, deceased Santosh Rani along with her husband Rajinder Kumar Sharma was going on a scooter bearing registration No. PB-10AQ-6091. At about 9.30 a.m., on reaching near Dharaur, one car came from the backside and hit the scooter, resultant whereupon, the claimant and deceased fell on the road and run over by the offending tanker bearing registration No. PB-11L9846 which came from the opposite side being driven in a rash and negligent manner due to which she died on the spot. FIR No. 152 dated 21.12.2010 under Sections 279 and 304-A IPC was also registered in this regard against the driver of offending vehicle. Claimants i.e. husband and children of deceased, filed a claim petition under Section 166 of the Motor V



















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