Sunder Singh vs Mukesh Kumar - 2003 Supreme(P&H) 1707

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2003 Supreme(P&H) 1707

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Sunder Singh – Appellant
Versus
Mukesh Kumar – Respondent

Advocates Appeared:
For the Appellant :Ms. Kamaldeep Kaur, Advocate for Mr. Adarsh Jain, Senior Advocate
For the Respondent: Mr. Vipul Sharma, Adv. for Mr. Paul S. Saini, Adv.

JUDGMENT :

YASHVIR SINGH RATHOR, J.

1. This appeal has been instituted against the Award dated 04.02.2003 passed in MACT Case No.18 of 2001 decided by the Motor Accident Claims Tribunal, Faridabad (for short “Tribunal”) vide which the claim petition filed by the claimant under Section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as ‘Act’) for compensation on account of injuries suffered by him in a motor vehicular accident has been dismissed.

2. The file of the present case has got burnt in a fire incident in the High Court Branch. Learned counsel for the appellant has placed on record certified copies of the statements of witnesses recorded before the Tribunal, which are taken on record. Registry is directed to tag the same at an appropriate place.

3. The present claim petition was instituted by claimant-Sunder Singh seeking compensation for the injuries suffered by him in a roadside accident which took place on 02.01.2001 within the area of village Gadpuri on account of rash and negligent driving on the part of respondent No.3 while driving offending vehicle bearing No.HR-21-A-8409 owned by respondents No.1 and 2 and insured with respondent No.4. As per his version, he su