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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARAMJIT KAUR AND ORS. – Appellant
Versus
GURMAIL SINGH AND ORS. – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. This appeal has been instituted against the Award dated 02.11.2004 for enhancement of compensation awarded in MACT case No.259 of 2004 decided by the MACT (Adhoc) Patiala (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988 vide which a sum of Rs.3,75,000/- has been awarded as compensation to the claimants/appellants on account of death of Gurdarshan Singh in a motor vehicle accident.
2. I have heard learned counsel for the parties and have perused the material on record.
3. From the pleadings of parties, following issues were framed:-
“1. Whether Sh. Gurdarshan Singh, died due to rash and negligent driving of Gurmail Singh respondent no.1 in an accident which occurred on 11.6.2002 with canter no.HR 37-6367?OPP
2. Whether the claimants are entitled to any compensation, if so to what amount and from whom?OPP
3. Whether Gurmail Singh respondent no.1 was not holding valid driving licence as on the date of accident?OPR3.
4. Whether the petition is collusive between the claimants and respondents No.1 and 2?OPR3
5. Whether Canter No.Hr-37-6367 was not holding valid route permit and fitness certificate?OPR3.
5. Relief.”
4. Thereaft
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
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