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2022 Supreme(P&H) 809

PANKAJ JAIN
Mohinder Lal @ Mohinder Pal – Appellant
Versus
Ladi – Respondent


Advocates:
Mr. R.C. Sharma, Advocate, for the Appellant; Ms. Sukhpreet Kaur, Advocate, for the Respondent.

JUDGMENT

Pankaj Jain, J. - Claimant is in appeal against the award dated 3rd September, 2013 passed by the Motor Accident Claims Tribunal, Jalandhar (for short, 'the Tribunal').

2. Claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of injuries suffered by the appellant in a motor-vehicular accident dated 8th of April, 2008.

3. It needs to be noticed that respondent No.3 i.e. Insurer already stood deleted before the Tribunal vide order dated 2nd of September, 2011. Thus, the issue remains between the claimant/appellant and the owner of the alleged offending vehicle.

4. As per the claim petition, while on 8th of April, 2008 at about 9.30 p.m. the appellant along with his friend namely Parkash Singh were going for evening walk, respondent No.1 while driving motorcycle Make Hero Honda Splendor bearing Regn. No.PB-08-AJ-0959 came from the back side in a rash and negligent manner at a high speed without blowing any horn and banged the motorcycle with the appellant. The appellant received injuries and became unconscious. Shri Parkash Singh arranged for conveyance and took the appellant to Civil Hospital, Nakodar. The appellant remaine

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