Anju Aggarwal vs Sahib Singh - 2023 Supreme(P&H) 3119

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2023 Supreme(P&H) 3119

NIDHI GUPTA
Anju Aggarwal – Appellant
Versus
Sahib Singh – Respondent

Advocates Appeared:
Mr. B.S. Mittal, Advocate; For the Appellant
Mr. Gopal Mittal, Advocate for Respondent No.3/Insurance Company.

JUDGMENT

Ms. Nidhi Gupta, J.

Present appeal has been filed by the claimants against dismissal of their claim petition by Motor Accident Claims Tribunal, S.A.S. Nagar, Mohali (hereinafter referred to as "the learned Tribunal") vide Award dated 11.03.2016 passed in MACT Case No.RT-36 dated 20.09.2013/28.10.2014 filed under section 166 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as "the Act"). Claimants are the widow and two sons of deceased-Suresh Bansal @ Suresh Kumar Aggarwal.

2. Claim petition was filed by the appellants herein alleging that the deceased-Suresh Bansal @ Suresh Kumar Aggarwal had died due to injuries suffered by him in a motor vehicular accident that took place on 28.06.2013 due to rash and negligent driving of tractor-trolley bearing registration No.GJ-2B-8284 (hereinafter referred to as 'the offending vehicle') by respondent No.1, which was owned by respondent No.2 and insured by respondent No.3 herein.

3. On the basis of the pleadings of the parties, learned Tribunal formulated the following issues:

"1. Whether death of Suresh Bansal was caused in motor vehicle accident dated 28.06.2013 due to rash and negligent driving of offending tractor No.GJ2B-