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2018 Supreme(P&H) 2341

AVNEESH JHINGAN
Lakha Ram – Appellant
Versus
Hans Raj – Respondent


Advocates:
For the Appellant:Mr. S.K. Yadav, Advocate.
For the Respondent No.1: None.
For the Respondent No.2:Mr. R.N. Singhal, Advocate.

JUDGMENT

Mr. Avneesh Jhingan, J:- The present appeal has been filed against award dated 27.05.2013 passed by Motor Accidents Claims Tribunal, Narnaul (hereinafter referred to as ‘the Tribunal’).

2. On 26.04.2011, Lakha Ram, aged 35 years, was going on a motorcycle bearing registration No.HR-35D-2994. The said motorcycle was struck by a rashly and negligently driven Bolero bearing registration No.HR35C-7981 (for short, ‘the offending vehicle’). FIR No.96 dated 25.05.2011 was registered at Police Station Nangal Chaudhary.

3. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) was filed.

4. The Tribunal held that accident occurred due to rash and negligent driving of the offending vehicle. The Tribunal awarded a sum of Rs.4,78,100/- along with interest @ 7.5% per annum. The amount awarded included Rs.1,40,000/- for permanent disability.

The present appeal has been filed for enhancement of compensation.

5. Learned counsel for the appellant contended that the Tribunal erred in not applying the multiplier method for awarding compensation














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