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2018 Supreme(P&H) 2524

ANIL KSHETARPAL
Pinki – Appellant
Versus
Jaskaran Singh – Respondent


Advocates Appeared:Mr. Rajan Bansal, Advocate for the appellants (in FAO-3938-2016).
Mr. R.C. Gupta, Advocate
for the appellant (in FAO-4158-2016).
Mr. Amandeep Chhabra, Advocate
for respondents No.1 and 2 (in FAO-3938-2016).
for respondents No.5 and 6 (in CR-4158-2016).
Mr. Rajan Bansal, Advocate
for respondents No.1 to 3 (in FAO-4158-2016).
Mr. Pradeep Kumar, Advocate
for respondent No.3 (in FAO-3938-2016).
Mr. Dinesh Maurya, Advocate, for
Mr. G.S. Sandhu, Advocate
for respondent No.4 (in both cases).

JUDGMENT

Mr. Anil Kshetarpal, J. - Vide this judgment, I shall be disposing of two appeals bearing FAO No.3938 of 2016 and FAO No.4158 of 2016 as both have arisen out of one claim petition.

2. Deep Singh who lost his life in a motor vehicular accident on 28.09.2014 was aged about 33 years. His young widow, two minor daughters and widowed mother filed a claim petition under Section 166 of the Motor Vehicle Act. The respondents denied the accident. In alternative, it was pleaded that even if the Court comes to a conclusion that the accident has taken place, it had not taken place due to rash and negligent driving of the offending vehicle.

3. Deceased-Deep Singh was travelling on a motor-cycle along with two others when the offending vehicle i.e. a motor car hit the motorcycle on which the deceased was travelling from the opposite side resulting into his death. Learned Motor Accident Claim Tribunal after recording a finding that the offending vehicle i.e. motor car was being driven in rash and negligent manner, assessed the compensation payable at Rs.58,66,000/-.

4. Learned counse



















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