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2018 Supreme(P&H) 2076

REKHA MITTAL
Swaranjit Kaur – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellant:Mr. Pawan K.Sharma, Advocate.
For the Respondent:Mr. P.K.Longia, Advocate.
Amicus Curiae:Mr. Vipul Sharma, Advocate.

JUDGMENT

Mrs. Rekha Mittal, J.:- The present appeal directs challenge against award dated 12.5.2014 passed by the Motor Accidents Claims Tribunal, Panchkula (in short “the Tribunal”) whereby petition under Section 166 of the Motor Vehicles Act, 1988 (in short “the Act”) for grant of compensation on account of death of Sepoy Balbir Singh in a motor vehicular accident that took place on 9.3.1996, has been dismissed.

2. In short, case of the claimants is that on 9.2.1996, Balbir Singh Sepoy in the Army was driving vehicle No. BA No. 87-D 68387-N (Shaktiman) from Srinagar to Jammu. When he reached near Neogaon, front tyre of driver side of the vehicle got burst. Resultantly, vehicle went out of control. The deceased tried to save lives of passengers and hit against hill side. The door of driver side got broken, deceased lost control and fell down due to jerk, engine of the vehicle got off and deceased was stuck between the diesel tank and the hill. As the vehicle was loaded, the passengers could not move the vehicle immediately to rescue the deceased. The deceased suffered fracture ribs 6, 7, 8, 9th (Rt.) fracture pelvis, contusion and hactrauma of soft tissues-iliac foce ® and pelvis,

















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