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2019 Supreme(P&H) 2237

AVNEESH JHINGAN
Malkiat Kaur And Others – Appellant
Versus
Salinder Verma And Others – Respondent


Advocates Appeared:
Mr. Raghubir Tejpal, Advocate, for the Appellant

JUDGMENT

Avneesh Jhingan, J. (Oral) - The appellants have filed the present appeal against the award dated 08.11.2013 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as 'the Tribunal') dismissing the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 (for short 'the Act').

2. The brief facts necessary for adjudication of the present appeal are that a motor vehicular accident took place on 08.3.2012. Ravi Dutt (deceased) along with Raj Singh, Sunil Kumar and Pardeep, was going from Kurukshetra to village Khijarpura in car bearing registration No.HR-07-J- 7796, being driven by Ravi Dutt. At about 4:30 p.m. suddenly a stray cow came in front of the car and in the process of saving the cow, Ravi Dutt lost control over the car and hit into safeda tree standing adjacent to the road, as a result, the car was turned over and Ravi Dutt died at the spot due to the injuries sustained in the accident. A claim petition under Section 163-A of the Act was filed by the widow, minor daughter and parents of the deceased.

3. The Tribunal after considering the facts and appreciating the evidence on record held that the claimants are not entitled

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