Suresh vs Akhilesh Kumar - 2023 Supreme(P&H) 3161

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3161

NIDHI GUPTA
Suresh – Appellant
Versus
Akhilesh Kumar – Respondent

Advocates Appeared:
Mr. Parmod Parmar, Advocate; For the Appellant

JUDGMENT

Nidhi Gupta, J.

CM No.2453-CII/2020

Since there is delay of 72 days in filing the appeal, aforesaid application has been filed seeking condonation of delay.

2. For the reasons stated in the application, the same is allowed and delay in filing the appeal is condoned.

3. Main Appeal.

Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.8,84,176/- granted by the Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as 'the Tribunal') vide Award dated 5.7.2019 passed in MACP 32/2018 under section 166 of the MOTOR VEHICLES ACT ,1988 (hereinafter referred to as 'the Act'). Claimants are widow and two major sons of deceased Sukhbir Singh who was aged 59 years at the time of his death.

4. Ld. Tribunal on appraisal of facts, pleadings and evidence on record held that the deceased had died due to injuries suffered by him in motor vehicular accident that took place on 29.11.2017 due to rash and negligent driving of Mixture Truck bearing registration No. HR-46-C-0708 (hereinafter referred to as 'the offending vehicle') being driven by respondent no.1, owned by respondent no.2 and insured by respondent no.3. The Tribunal awarded compensation

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