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2018 Supreme(P&H) 2343

AVNEESH JHINGAN
Graphisads Private Limited – Appellant
Versus
Akhtar – Respondent


Advocates:
For the Appellant:Mr. Vipul Aggarwal, Advocate.
For the Respondent No.1:Mr. Sarfraj Hussain, Advocate.

JUDGMENT

Mr. Avneesh Jhingan, J.(Oral):- The owner of vehicle bearing registration No.DL-1LB-9301 is in appeal against the award dated 23.07.2011 passed by the Motor Accident Claims Tribunal, Nuh (for short ‘the Tribunal’).

2. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’) was filed by Akhtar son of Fateh Mohd. The Tribunal held that Akhtar suffered injuries in an accident involving vehicle bearing registration No.DL-1LB-9301 (for short ‘the offending vehicle’). It was further held that the accident occurred due to rash and negligent driving of Salim-driver of the offending vehicle. The compensation of Rs.4,65,000/- was awarded alongwith interest at the rate of 6% per annum. The driver and owner of the offending vehicle were jointly and severally held liable to pay the compensation.

3. The present appeal has been filed by the owner of the offending vehicle, being aggrieved of the award of the Tribunal holding that Akhtar suffered injuries because of involvement of the offending vehicle. Respondent No.1 in appeal is the claimant before the Tribunal and respondent No.2 is the driver of the offending vehicle.

4. The facts as pleaded in the clai















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