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2019 Supreme(P&H) 1191

H.S.MADAAN
Jaswinder – Appellant
Versus
Sanjay Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. Sumit Gupta, Advocate.
For the Respondents:Mr. Amandeep Saini, Advocate for Mr. Sanjay Verma, Advocate, Ms. Geeta Chaudhari, Advocate for Mr. Vinod Chaudhari, Advocate.

JUDGMENT :

H.S. Madaan, J.

Briefly stated, the facts of the case are that petitioner/claimant Jaswinder son of Sh. Fakiriya, aged about 37 years, resident of Shanti Nagar, Police Station Jhansa, District Kurukshetra had brought a claim petition under Section 166, 140, 141 of the Motor Vehicles Act, 1988 against respondents i.e. Sanjay Kumar driver, Ashu Kumar owner and United India Insurance Company Limited insurer of motorcycle bearing registration No.HR-07R-3579 (hereinafter referred to as the offending vehicle), claiming compensation to the tune of Rs.5 lacs.

2. As per the version of the petitioner/claimant on 17.12.2011 he was returning from village Tangore to his house at Shanti Nagar, Police Station Jhansa, District Kurukhsetra after selling vegetables on his rickshaw/cart; that at about 6:15 p.m. when he had just crossed Sugarcane Weigh Bridge and was going on his left side of the road, then all of a sudden respondent No.1 Sanjay Kumar driving his motorcycle at a very high speed and in a rash and negligent manner going on the wrong side of the road hit the rickshaw/cart of the petitioner/claimant, as a result the petitioner/claimant received serious injuries on his leg and his

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