H. S. MADAAN
National Insurance Company Limited, Chandigarh – Appellant
Versus
Karam Singh – Respondent
Judgment
Mr. H. S. Madaan, J.:- Sarvshri Karam Singh, aged 36 years, Dharam Singh aged 32 years, sons and Smt. Sudeshna, aged 33 years, married daughter of Sh. Pal Chand, who expired in a roadside accident, had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988, against respondents i.e. respondent No.1 Shiv Kumar – driver, Avinder Kaur - owner and National Insurance Company Limited, Chandigarh - insurer of the car bearing No. PB-11-AV-4567 (hereinafter to be referred to as ‘the offending vehicle’), claiming compensation.
2. As per version of the claimants on 29.11.2011, at about 4.30 a.m. Deceased Pal Chand was going from his house in Indra Colony to his office in Sector 10, Chandigarh, to report for duty there. He was pillion riding the motorcycle which was being driven by his son Dharam Singh. The motorcycle was being driven at a slow speed and on the right side of the road. When they reached near small roundabout of Sector 10, Chandigarh, in front of Leisure Valley, car No. PB-11-AV-4567 – the offending vehicle, being driven by respondent No.1 Shiv Kumar, in a rash and negligent manner, came from opposite side plying on wrong side of the road and struck ag
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