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2018 Supreme(P&H) 2208

AVNEESH JHINGAN
Sukhvir Kaur – Appellant
Versus
Jarnail Singh – Respondent


Advocates:
Mr. Chander Shekhar Singh, Advocate for the appellant.
Mr. Sanjeev Goyal, Advocate for respondent No.3-Insurance Company.

JUDGMENT

Mr. Avneesh Jhingan, J.(oral).:- The present appeal arises from award dated 12.02.2015 passed by the Motor Accidents Claims Tribunal, Patiala (for short ‘the Tribunal).

2. Sukhvir Kaur, aged 24 years, suffered injuries in a motor vehicular accident that took place on 22.11.2013. She was waiting at bus stand of Kakrala on Samana road for going to Samana. A rashly and negligently driven truck/tanker bearing registration No.HR-38-L-0786 (for short ‘the offending vehicle’) struck her. She was taken to Civil Hospital, Samana. From there she was referred to Rajindra Hospital, Patiala. Thereafter from Rajindra Hospital, Patiala, she was referred to PGI Chandigarh but her family members took her to CMC Ludhiana.

3. In a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’), the Tribunal held that accident occurred due to rash and negligent driving of the offending vehicle. 51% permanent disability qua left hand was duly proved. Disability certificate was exhibited as Ex.P31.

4. The appellant was National level baseball and softball












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