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2019 Supreme(P&H) 2879

RITU BAHRI
Kiran & Ors. – Appellant
Versus
Rajesh Kumar & Ors. – Respondent


Advocates Appeared:
Mr. N.K. Malhotra, Advocate,for the Appellant; Mr. Navneet Singh, Advocate,for the Respondent No.1., Mr. Punit Jain, Advocate, for Mr. M.B. Jain, Advocate, for respondent No.2-New India Insurance Company Ltd., Mr. Sandeep Singal, Advocate, for the Respondent No.3., Mr. Suman Jain, Advocate, for the Respondent No.4-United India Insurance Company Ltd

JUDGMENT

Ritu Bahri, J. (Oral). - This appeal has been filed by the claimant-appellants seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as 'the Tribunal') vide award dated 06.12.2016 on account of death of Tej Pal in a motor vehicular accident which took place on 26.03.2016. Appellant No.l is widow and appellant Nos.2 & 3 are children of deceased Tej Pal.

FACTS NOT IN DISPUTE

2. Brief facts of the case are that on 26.03.2016, at about 8.00A.M., Tej Pal (since deceased) along with Devinder @ Bittu and Smt. Janki was coming to Rohtak on Auto-rickshaw bearing registration No. HR-46-D-2933, which was being driven by respondent No.3-Krishan. When they reached at Makrauli turn, Gohana Road, Rohtak, a Maruti Swift car bearing registration No. HR-ll-F-4977, being driven by Rajesh Kumar-respondent No.l in a rash and negligent manner, came from behind and rammed in the Auto-rickshaw, as a result of which, auto-rickshaw turned turtle and all the passengers, including driver, received multiple injuries. Ashok and Rampal took the injured to Post Graduate Institute of Medical Science, Rohtak. Unfortunately, during treatment, Tej Pal su

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