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2022 Supreme(UK) 146

SHARAD KUMAR SHARMA
Indirawati Devi – Appellant
Versus
Rajeev Singhal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Ravi Sehgal, Mr. Piyush Garg.
For the Respondents: Mr. Kartikey Maulekhi, Mr. P.C. Maulekhi.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The appellants before this Court, in this Appeal from Order, preferred under Section 173 of the Motor Vehicles Act of 1988 (hereinafter to be called as Act of 1988), has questioned the propriety of the award dated 29.07.2011, as it has been rendered by the learned Motor Accidents Claims Tribunal/Additional District Judge, Rishikesh, in MACP Case No. 50 of 2008, Smt. Indirawati Devi and Others vs. Sri Rajeev Singhal and Others. As a consequence of the impugned award, rendered by the learned Motor Accidents Claims Tribunal, the claim petition preferred by the appellants/claimants herein, had been rejected.

2. The factual aspects which engaged consideration in the said case, are that the claimants have contended, that on 28.11.2007, when the offending vehicle i.e. Truck bearing registration number as UA-07C-9927, was being driven by the driver of the vehicle and was going towards Rishikesh, it was on account of a technical snag in the vehicle, a mechanic was called upon i.e. Mr. Harpal Singh, for the purpose of carrying out the necessary repairs, who after undertaking the necessary repairs, was travelling in the vehicle in question which had met with

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