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2019 Supreme(P&H) 3207

NIRMALJIT KAUR
Mohinder Singh – Appellant
Versus
Raja Ram – Respondent


Advocates appeared:
For the Parties : Mr. Darshan L. Gulati, Mr. D.K. Prajapati, Mr. Sukhdeep S. Singh, Mr. Rajbir Singh

Judgment

Ms. Nirmaljit Kaur, J. (Oral):-CM-15822-CII-2014

Allowed, as prayed for.

Main Case

2.The present appeal has been filed by the claimants challengingthe award dated 19.03.2014 passed by the Motor Accident Claims Tribunal,Karnal (for short, the Tribunal), vide which, only an amount of Rs. 50,000/-was awarded under the no fault liability.

3. At the outset, learned counsel for the appellants restricted hisclaim qua appellant No.6 i.e. unmarried Sister, who was aged 14 years at thetime of accident.

4. In view of the above, the appeal qua appellant Nos.1 to 5 isdismissed as not pressed.

5. Learned counsel for respondent No.3-Insurance Companywhile vehemently opposing the claim qua appellant No.6, submitted thatthere is no evidence on record that appellant No.6-Poonam Devi @ Gundriminor was dependent on the deceased. Reliance was placed on thejudgments rendered by Hon’ble the Apex Court in cases Sarla Verma and others Versus Delhi Transport Corporation and others, 2009 (3) RCR(Civil) 77 and Smt. Manjuri Bera Vs. The Oriental Insurance Company Ltd. and another,  2007 (2) R.C.R. (Civil) 674, rendered by Hon’ble ChhattisgarhHigh Court in case Amoliram and others Vs. Siyaram and others, 2

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