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2019 Supreme(P&H) 284

AVNEESH JHINGAN
GURMEET KAUR – Appellant
Versus
KULWANT SINGH – Respondent


Advocates Appeared:
Aakash Singla, Adv., M.B. Jain, Adv., Punit Jain, Adv.

JUDGMENT :

Avneesh Jhingan, J.

The legal heirs of Pala Singh (deceased) are in appeal against the award dated 15.03.2017 passed by the Motor Accident Claims Tribunal, Barnala (for brevity 'the Tribunal') seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act')

2. The driver of truck bearing registration No. PB-03-AC-9106 (hereinafter referred to as 'offending vehicle'); owner and insurer (i.e. Iffco Tokio General Insurance Co. Ltd.) of the offending vehicle have been arrayed as respondents no. 1 to 3 respectively in the appeal.

3. The facts emanating from the record are that on 02.02.2014, Pala Singh was going to Trident Factory Dhaula where he was employed. He was travelling in a Tata Sumo bearing registration No. HR-01-D-3026 along-with other co-workers. On their way due to fog, the tata sumo dashed into the offending vehicle, which was parked on the road without any indicator or parking lights. As a result of the impact, Pala Singh sustained grievous injuries. He was taken to hospital but he succumbed to his injuries on










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