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2019 Supreme(P&H) 74

AVNEESH JHINGAN
Sukhwinder Kaur – Appellant
Versus
Surjeet Singh – Respondent


Advocates Appeared:
Arvinder Arora, Adv., R.S. Sharma, Adv.

JUDGMENT :

Avneesh Jhingan, J.

The award dated 05.08.2016 passed by the Motor Accident Claims Tribunal, Patiala [for brevity 'the Tribunal'] has been assailed by the legal heirs of Gurcharan Singh seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act'].

2. The claimants are widow, three minor children and 82 years old father of the deceased. The driver, owner and insurer (i.e. The Oriental Insurance Company Ltd.) of Truck bearing registration No. PB-11AL-4935 [hereinafter referred to as 'offending vehicle'] have been arrayed as respondents No.1 to 3 respectively in the appeal.

3. Brief facts of the case are that on 26.04.2015, Gurcharan Singh (deceased) along with Gurvinder Singh was going from Patiala to Amritsar on a Combine bearing registration No. PB-04G-7616, which was being driven by Gurmel Singh. On their way, their Combine was hit from behind by the offending vehicle. Due to the impact, Gurcharan Singh fell down and front wheel of the Combine ran over both the legs of Gurcharan Singh. He was taken to Doraha Hospi










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