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2019 Supreme(P&H) 3033

ARUN KUMAR TYAGI
Harbhajan Singh & Anr. – Appellant
Versus
Shilpi Jain & Ors. – Respondent


Advocates Appeared:
Ms. Gagan Deep Grewal, Advocate for the appellants in FAO No.5101-2012 and for respondents No.1 and 2 in FAO No.5999-2012; Mr. Rajbir Singh, Advocate for respondents No.1 to 3 in FAO No.5101-2012 and for the appellants in FAO No.5999-2012; Mr. Subhash Goyal, Advocate for Insurance Company

JUDGMENT

Arun Kumar Tyagi, J. - This order disposes of FAO No.5101-2012 titled Harbhajan Singh and another vs. Shilpi Jain and others filed by the appellants-driver and owner of the offending vehicle for setting aside the award dated 03.08.2012 passed by the learned Motor Accidents Claims Tribunal, Sangrur (for short 'the Tribunal') in MACT Case No.62 of 2010 titled as Shilpi Jain and others vs. HarbhajanSingh and others and FAO No.5999-2012 titled Shilpi Jain and others vs. Harbhajan Singh and others filed by claimants namely Shilpi Jain-widow, Rajneesh Gupta-minor son and Sona Rani-mother of deceased-Banwari Lal for enhancement of compensation awarded vide above-said award on account of death of Banwari Lal in motor vehicle accident which took place on 23.06.2010.

2. For the sake of convenience, the parties are referred to by their description in the claim petition.

3. The claimants-widow, son and mother of deceased-Banwari Lal filed the above-said claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the M.V. Act') on the averments that on 23.06.2010 at about 8:30 a.m. Banwari Lal along with his mother Sona Devi was going to New DMC Hospital, Ludhiana in Alto

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