Joti vs Balwinder Singh - 2023 Supreme(P&H) 3156

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3156

NIDHI GUPTA
Joti – Appellant
Versus
Balwinder Singh – Respondent

Advocates Appeared:
Mr. Kushagra Mahajan, Advocate for the claimant/Appellant.
Mr. Vinod K.Kaushal, Advocate for Respondent no.2-Owner Of Trailer No. PB-04-N-4386.
Mr. Harsh Aggarwal, Advocate for Respondent no. 3-Ins.Co.

JUDGMENT

Nidhi Gupta, J.

CM 20528-CII/2015

Since there is delay of 187 days in filing the appeal, the aforesaid application has been filed seeking condonation of said delay. The application is supported by an affidavit of the appellant.

2. For the reasons stated in the application, duly supported by the affidavit of the appellant and the fact that the same has not been contested by Respondents by filing reply thereto, the application is allowed and delay in filing the appeal is condoned.

Main Appeal.

3. Present appeal has been filed by the sole claimant/mother of the deceased, seeking enhancement of compensation of Rs.6,78,000/- granted by the Ld. Motor Accident Claims Tribunal, Amritsar (hereinafter referred to as 'the Ld. Tribunal') vide Award dated 12.11.2014 passed in MACT Case No.14881(23112) of 2013 in a petition under section 166 of the MOTOR VEHICLES ACT .

4. Brief facts of the case are that the Ld. Tribunal upon appraisal of the pleadings and evidence adduced before it by the parties, concluded that deceased Suhail Gupta had died due to injuries suffered by him in a road side accident that took place on 7.7.2013 due to rash and negligent driving of Trailer (Tralla) bearing r