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2019 Supreme(P&H) 1371

AVNEESH JHINGAN
Isher Singh – Appellant
Versus
Bhupinder Singh – Respondent


Advocates Appeared:
Dinesh Kumar, Adv.

JUDGMENT :

Avneesh Jhingan, J.

The award dated 14.12.2017 passed by Motor Accident Claims Tribunal, Fatehgarh Sahib, has been assailed by the legal representatives of Jagat Singh being aggrieved of dismissal of claim petition filed under Section 166 of the Motor Vehicles Act,1988 (for short 'the Act').

2. Mr. Pardeep Goyal, Advocate, present in court, accepts notice on behalf of respondent No.3 and with the consent of the parties, the case is taken up on merits today itself.

3. The facts in brief are that on 26.8.2016 Jagat Singh alongwith Devinder Singh was going on motor cycle bearing registration No. PB-23-J6410 (hereinafter referred to as 'the offending vehicle'), on the way motor cycle was hit by the offending vehicle. As a result of the impact, Jagat Singh sustained injuries and succumbed to the injuries. FIR No. 80 dated 27.8.2016 was registered at Police Station Mulepur.

4. A claim petition under Section 166 of the Act was filed by two nephews of the deceased. The Tribunal dismissed the same opining that the claimants were not dependant upon the earning of the deceased. The Tribunal held that accident was result of rash and negligent driving of offending vehicle.

5. There is no c

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