NIDHI GUPTA
Cholamandalam MS General Insurance Co. Ltd. – Appellant
Versus
Jaswant – Respondent
NIDHI GUPTA, J.
1. Present appeal has been filed by the appellant Insurance Company challenging the Award dated 22.2.2014 passed by Motor Accident Claims Tribunal, Hisar (for short ‘the Tribunal’) in Claim Petition MACT case No.279 of 2012, filed by the claimant/respondent no.1 herein, u/s 166 of the Motor Vehicles Act, 1988, whereby compensation of Rs. 5.65 lacs has been awarded to respondent no.1/ claimant for the death of deceased Nand Lai. Claimant is the brother of deceased Nand Lai.
2. Brief facts of the case are that the learned Tribunal on appraisal of the pleadings and evidence led before it, concluded that the deceased Nand Lai, brother of respondent no.1 had died due to injuries suffered by him in a motor vehicular accident that took place on 24.10.2012 due to rash negligent driving of Mahindra and Mahindra Maxi Truck bearing registration No. HR-39-B-5699 (hereinafter referred to as ‘the offending vehicle’), being driven by respondent no.2 herein, and owned by respondent no.3. Proforma Respondents no. 4 and 5 herein, are the other brothers of deceased Nand Lal, who have given up their claim in respect of compensation awarded by the Tribunal. Vide impugned Award, appellant,
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