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2022 Supreme(P&H) 1546

TRIBHUVAN DAHIYA
New India Assurance Company Limited – Appellant
Versus
Manpreet Bagga – Respondent


Advocates appeared:
Mr. Ashwani Talwar, Advocate, for the Appellant; Mr. Rudra Sharma, Advocate, for Respondents No. 1 and 2/ Caveators Mr. Naresh Kaushik, Advocate, for Respondent No. 5/Caveator, for the Respondent.

JUDGMENT

Tribhuvan Dahiya, J. (Oral) - This appeal has been filed by the appellant/Insurance Company disputing its liability to satisfy the award passed by the Motor Accidents Claims Tribunal, SAS Nagar (Mohali) (in short 'the Tribunal') dated 5.4.2022, on the ground that the offending vehicle/car in question has been implanted in the case, which essentially is a hit and run case.

2. The instant claim petition was filed by the wife and minor son of the deceased. As per facts of the case, as recorded in the award passed by the Tribunal, Tej Singh Sidhu (father of the deceased) recorded his statement with the police that he received telephonic message from the police to the effect that on 12.11.2019 at about 7:00 p.m. his son Rajiv Kumar (deceased) was going on his Activa scooter bearing registration No. CH04-J-6196 to join evening duty in PGIMER, Chandigarh, where he was working as Nursing Officer. He met with an accident when he reached near main market, Sunny Enclave, near Nijjar Chowk, Kharar, with a car bearing registration No. PB65- AV-7878. As a result, Rajiv Kumar suffered head injuries and was admitted to Civil Hospital, Phase VI, Mohali, for treatment. He along with his neigh

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