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2019 Supreme(P&H) 2438

SURINDER GUPTA
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Surjit Kaur – Respondent


Advocates Appeared:
Mr. Subhash Goyal, Advocate, for the Appellant

JUDGMENT

Surinder Gupta, J. - This is appeal against the award dated 14.05.2010 passed by Motor Accident Claims Tribunal, Amritsar, whereby the petition filed by claimant Surjit Kaur under Section 163A of Motor Vehicles Act was allowed and a compensation of Rs. 3,40,500/- was awarded to the claimant for death of her son Jagjit Singh in a motor vehicle accident that took place on 07.12.2007 due to use of motorcycle bearing registration No.PB-02-AS- 2158, owned by respondent No.2-Gurmej Singh.

2. Learned counsel for the appellant has argued that the present claim petition filed by mother of deceased Jagjit Singh claiming compensation under Section 163A of Motor Vehicles Act is not maintainable as the motorcycle which met with the accident, was owned by father of deceased namely Gurmej Singh-respondent No.2.

3. The tribunal has discussed the brief facts of the case in para 2 of the award, which reads as follows:-

    "2. Briefly, the facts of the claim petition are that on 07.12.2007, Jagjit Singh son of Gurmej Singh, on his motor-cycle bearing registration No.PB-02-AS-2158 and his elder brother Gurpreet Singh son of Gurmej Singh on his motor cycle along with his father's younger brother S

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