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2019 Supreme(P&H) 1699

TEJINDER SINGH DHINDSA
New India Assurance Co. Ltd. – Appellant
Versus
Avtar Singh – Respondent


Advocates Appeared:
Mr. Ashwani Talwar, Advocate, for the Appellant; Mr. Ashwani Arora, Advocate, for the Respondent No. 1

JUDGMENT

Tejinder Singh Dhindsa, J. - The New India Assurance Company Limited has filed the instant appeal assailing the award dated 06.12.2017 passed by the Motor Accident Claims Tribunal, Chandigarh and whereby a compensation amount of Rs. 7,23,400/- has been awarded in favour of claimant, Avtar Singh on account of death of Sh. Dilbara Singh in a motor vehicle accident that took place on 28.10.2016.

2. The instant appeal came up for preliminary hearing on 05.04.2018 and while issuing notice of motion, the following order was passed:

    "Inter alia contends that alleged claimant, namely Avtar Singh is nephew of deceased Dalbara Singh but no evidence has been brought on record except bald statement of PW2- Bahadur Singh, Sarpanch, in cross examination. The compensation could have been granted under Section 140 of the Motor Vehicles Act.

    Notice of motion to the claimants only, for 08.08.2018.

    There shall be interim stay beyond Rs. 50,000/- provided that the amount be deposited before the Tribunal and disbursed to the claimants against the security subject to the satisfaction of the Tribunal within a period of one month from today.

    The statutory amount of Rs. 25,000/- deposited in this C

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