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2018 Supreme(P&H) 2553

HARINDER SINGH SIDHU
Rakesh – Appellant
Versus
Rakesh – Respondent


Advocates Appeared:Mr.Mani Ram Verma, Advocate, for the appellant.
Mr. R.C.Kapoor, Advocate, for respondent No.3 – Insurer.

JUDGMENT

Mr. Harinder Singh Sidhu, J. - This appeal has been filed by the claimant for enhancement of compensation, as awarded by the Motor Accident Claims Tribunal, Bhiwani (for short ‘the Tribunal’) vide its award dated 5.4.2010.

2. Brief facts as disclosed in the claim petition are that on 10.01.2008 in the area of Dadri road near Anand Brothers Petrol Pump, Bhiwani a vehicular accident took place due to the rash and negligent driving of the Tata 407 bearing registration No.HR-39A-3110 (herein for short ‘the offending vehicle’), by respondent No.1. Appellant-Rakesh along with Suraj and Anil had hired the offending vehicle from Bhiwani in order to purchase sugarcane from Mohindergarh Mandi. As the offending vehicle reached near Anand Brothers Petrol Pump, Respondent No.1 lost control of the vehicle and it turned turtle. All the persons travelling in the vehicle suffered injuries due to this and they were shifted to G.H Bhiwani for treatment. From there the Appellant was referred to PGIMS Rohtak where he remained admitted from 11.1.2008 to 14.1.2008. The accident was alleged to have been caused due to rash and negligent driving of the offending vehicle. FIR regarding the accident


























































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