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2018 Supreme(P&H) 4591

AVNEESH JHINGAN
Vimal – Appellant
Versus
Anil – Respondent


Advocates Appeared:
Ajay Shekhawat, Advocate, for the Appellants; Vikram Lakhlan for Saurabh Dalal, Advocates, for the Respondents No.1 and 2; Rajesh K.Sharma, Advocate, for the Respondent No. 3-Insurance Company

JUDGMENT

Avneesh Jhingan, J. (Oral) - The widow, two minor children and father of Raj Pal are in appeal against award dated 16.08.2013 passed by Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as 'the Tribunal) seeking enhancement of compensation.

2. The driver of truck bearing registration No.HR-14E-0832 (for brevity, 'offending vehicle'); owner of offending vehicle and insurer of offending vehicle i.e. United India Insurance Company Ltd. have been arrayed as respondents No.1 to 3 respectively in the appeal.

3. Raj Pal, aged 47 years, lost his life in a motor vehicular accident that had took place on 02.06.2012 at about 8.00 p.m. He was going on his motorcycle bearing registration No.HR-12K-1392. When he reached near Tiles Cement Factory at village Sunderpur, his motorcycle struck against the offending vehicle, which was parked in the middle of the road without giving any signal or indicator and even the radium strip was also not affixed on the truck. As a result of the impact, he died on the spot. FIR No.178 dated 03.06.2012 was registered at Police Station Sad

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