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2011 Supreme(All) 73

SUNIL AMBWANI, DILIP GUPTA
GULSHAN JAHAN – Appellant
Versus
OM PRAKASH – Respondent


JUDGMENT

By the Court.—The First Appeal From Order arises out of Claim Petition No. 24 of 2002 (Smt. Gulshan Jahan and 7 others v. Om Prakash and another) filed on account of death of Imtiyaz Ahmad Khan in the accident that had taken place on 17th November, 2001 with Truck No. U.P.44-A/2098 owned by Om Prakash Singh.

2. The said Claim Petition No. 24 of 2002 was filed by Smt. Gulshan Jahan and 7 others under Section 166 of the Motor Vehicles Act, 1988 with the averments that the deceased Imtiyaz Ahmad Khan was the sole bread earner of the family; on 17th November, 2001 he went to Sultanpur for business purposes but Truck bearing No. U.P.44-A/2098 which was being negligently driven by the driver hit the husband of Smt. Gulshan Jahan as a result of which he and many others died and many were injured; the husband of the petitioner No. 1 used to earn Rs. 5,000/- per month from the business; First Information Report could not be lodged in time since medical treatment was immediately required to be provided to the injured, and, therefore, as the bread earner had succumbed to the injuries, the claimants suffered irreparable injury and appropriate compensation should be awarded to them.

3. A
































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