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2023 Supreme(P&H) 1107

ARCHANA PURI
Jagwa Ram – Appellant
Versus
Jogender – Respondent


Advocates appeared:
Mr.Narender Kaajla Advocate for the appellants (in both the appeals).
Mr.Rajneesh Malhotra, Advocate for respondent No.3-Insurance Company (in both the appeals).

ARCHANA PURI, J.

1. These two appeals emanate from common Award dated 14.08.2014 passed by learned Motor Accident Claims Tribunal, thereby, granting compensation to Jagwa Ram, husband only, on account of death of Vidya Devi and further denying any compensation to appellant-claimant Kitabo, who allegedly sustained injuries, in the same accident.

2. FAO-8657-2014 relates to the claim petition filed by appellants-claimants Jagwa Ram and his sons, vis-a-vis, death of Vidya Devi and married daughters, have been impleaded as respondents No.4 and 5, in the claim petition.

3. FAO-10258-2014 relates to the claim petition filed by appellant-claimant Kitabo, thereby, asserting to have sustained injuries in the same accident.

4. On appraisal of the evidence adduced, learned Motor Accident Claims Tribunal had awarded compensation only to Jagwa Ram, husband, vis-a-vis, death of Vidya Devi and dismissed the claim petition filed by Kitabo.

5. So far as the fact of accident and imputation of rashness and negligence, upon the driver, namely Jogender of offending Auto Three wheeler bearing registration No.HR-61A-9027 is concerned, suffice to consider the finding, so recorded by learned Tribunal, which ha

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