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2023 Supreme(P&H) 1037

ARUN MONGA
Oriental Insurance Company Limited – Appellant
Versus
Shakuntla – Respondent


Advocates appeared:
Mr. Satpal Dhamija, Advocate for Mr. Ashwani Talwar, Advocate for appellant-Insurance Company.
Mr. Saurabh Arora, Advocate for respondents No.1 to 5-claimants.
Mr. Rahul Bansal, Advocate for respondent No.7.

ARUN MONGA, J.

Aggrieved by Award dated 20.09.2019 rendered by learned Motor Accidents Claims Tribunal, Chandigarh (for brevity, Tribunal), appellant-Insurance Company is before this Court by way of an appeal.

2. Succinct facts, as noted by learned Tribunal, are as below:

    “……on 12.09.2017 at about 8.37 PM, deceased Harmesh Lal was going on his bicycle from his official residence Sector 39, Chandigarh to Sector 16 i.e. the place of his job. When he reached near Bus Stop Sectors 37/38 dividing road on Sector 38 side, offending vehicle bearing registration No.CH-01-AC-8860 driven by respondent No.1 in a rash and negligent manner came there and hit the cycle of deceased from backside. Due to the accident, he sustained multiple and grievous injuries. Surinder Kumar s/o Ram Kishore was also coming after doing his duty who witnessed the accident. He took the injured to PGI, Chandigarh with the help of passersby but Harmesh Lal died in PGI on 14.09.2017. Due to the accident, case FIR No. 391 dated 13.09.2017 u/s 279, 337 IPC & 185, 181 of Motor Vehicles Act, 1988 came to be registered on the statement of Surinder Kumar s/o Ram Kishore. It is claimed that deceased on the date of accident and d

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