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2023 Supreme(P&H) 2950

SUKHVINDER KAUR
Karamjit Singh – Appellant
Versus
Amandeep Singh – Respondent


Advocates Appeared:
Mr. Dushant Jog, Advocate for Mr. T.V.S. Lehal, Advocate; For the Appellant(in FAO-4283-2017) for Respondent No.1 (in FAO-6229-2017).
Mr. Mohit Giri, Advocate for Mr. Ashok Giri, Advocate; For the Appellant(in FAO-6229-2017) for Respondent No.1 (in FAO-4283-2017).
Mr. Sachin Ohri, Advocate for Respondent No.2-Insurance Company.

Table of Content
1. factual background of the accident and claims. (Para 1 , 2 , 3 , 4 , 5)
2. court's analysis on the evidence and testimonies. (Para 11 , 14 , 15 , 17)
3. arguments regarding negligence and causation. (Para 12 , 13)
4. determination of compensation and liability. (Para 21 , 22 , 24)
5. final conclusion on compensation awarded. (Para 26)

JUDGMENT

Sukhvinder Kaur, J.

This order shall dispose of FAO-4283-2017 ( Karamjit Singh v. Amandeep Singh and another) and FAO-6229-2017 ( Amandeep Singh v. Karamjit Singh and another) as both the appeals have arisen from a common award dated 11.01.2017.

2. This appeal (FAO-4283-2017) has been filed by the appellant-claimant for modification of award dated 11.01.2017 passed by the Motor Accident Claims Tribunal, Rupnagar, whereby the claim petition filed by the appellant-claimant invoking the provisions of Section 166 /140 of the MOTOR VEHICLES ACT , 1988 (for short, "the Act of 1988") was partly allowed and he was awarded a compensation of Rs.6,84,582/- and exonerating respondent No.2-Insurance Company to pay the compensation amount, respondent No.1 (driver-owner) of offending vehicle was directed to pay the amount of compensation positi

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