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2023 Supreme(P&H) 1161

ARUN MONGA
Shamsher Kaur – Appellant
Versus
Kashmira Singh – Respondent


Advocates appeared:
Mr. Sushil Bhardwaj, Advocate for appellants.
Mr. Joginder Sharma, Advocate for Mr. Ashok Kumar Singla, Advocate for respondent No.2.
Ms. Vandana Malhotra, Advocate for respondent No.3-Insurance Company.

ARUN MONGA, J.

CM-28047-CII-2017

For the reasons stated in application, same is allowed. Delay of 17 days in filing appeal is condoned, subject to all just exceptions.

Main case (O&M)

Before his untimely demise, Mangu Ram, a determined 16-year-old school student, aspired to lift his family out of poverty. To contribute towards this goal, he would assist his father in selling tea from a cart after his school hours. However, tragedy struck when he lost his life in a fatal accident. While riding his bicycle, he was struck by an oil tanker, instantly succumbing to his injuries.

Appellants before this Court are parents and younger brother of deceased Mangu Ram (claimants) assailing impugned award dated 04.11.2004 rendered by learned Motor Accidents Claims Tribunal, Patiala (for brevity, “Tribunal”) whereby claim petition filed by claimants seeking compensation on account of death of Mangu Ram, was dismissed.

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

    “On 5.9.2003 Mangu Ram deceased alongwith his father Rajinder Kumar and elder brother Dalvinder Singh was coming from vil

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