Balwinder Kaur vs Davinder Singh - 2023 Supreme(P&H) 3139

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3139

NIDHI GUPTA
Balwinder Kaur – Appellant
Versus
Davinder Singh – Respondent

Advocates Appeared:
Mr. Arnav Sood, Advocate; For the Appellant

JUDGMENT

Ms. Nidhi Gupta, J.

CM 18045-CII/2019

Since there is delay of 47 days in filing the appeal, instant application has been filed seeking condonation of said delay.

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

Main Appeal

3. Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.18,66,696/- granted by the Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as 'the Tribunal') vide Award dated 14.3.2019 passed in MACP-206/2017 under section 166 of the MOTOR VEHICLES ACT ,1988 (hereinafter referred to as 'the Act'). Claimants are widow and two major children of the deceased Jaswinder Singh who was 53 years of age at the time of death.

4. Ld. Tribunal on the 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 1.10.2017 due to rash and negligent driving of Alto Car bearing registration No. PB-18L-7551 (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 award

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