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2020 Supreme(P&H) 690

SANT PARKASH
National Insurance Company Limited – Appellant
Versus
Kamlesh Kumari – Respondent


Advocates Appeared:
Sandeep Suri, Advocate, Vipin Mahajan, Advocate

JUDGMENT

Sant Parkash, J. - This appeal has been filed by the Insurance Company challenging award dated 18.10.2002 passed by the Motor Accident Claims Tribunal, Gurdasur (hereinafter referred to as, 'The Tribunal'), whereby compensation has been awarded to the claimants/respondent Nos. 1 to 3 in a petition under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by them.

    2. It is the case of the claimants that on 11.03.2000 at about 3.00 PM, deceased-Kartar Singh along with his relative-Kuldip Singh was coming to their village after attending his duty at PAP Jalandhar Cantt. and when they reached near PAP 'T' point, a Maruti Van bearing registration No.PCJ-983 came at a very high speed from Rama Mandi side and struck against Kartar Singh, on account of which, he sustained multiple injuries. He was taken to the Hospital but died on the way. He left behind widow and two daughters.

      3. The claim petition filed by the claimants was resisted by the Insurance Company as well as driver and owner of the offending vehicle by filing separate written statements.

        4. The learned Tribunal on consideration of the facts and evidence on record awarded the compe

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