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2022 Supreme(UK) 24

SHARAD KUMAR SHARMA
Baldev Singh – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Hari Mohan Bhatia, Advocate
For the Owner :Mr. Syed Nadim, Mr. Bindesh Kumar Gupta, Advocate

JUDGMENT :

This is a claimants’ Appeal from Order, where the dependents of the deceased employee, had put a challenge to the impugned award which has been rendered by the learned Motor Accident Claim Tribunal, on 25th June, 2013 in MACP Case No.60 of 2010, “Baldev Singh and others Vs. Shri Yashwant Singh & another”.

2. The brief facts of the case are that the claimants’, herein, by invoking the provisions contained under section 163A of the Motor Vehicle Act, had instituted a claim petition before the Motor Accident Claim Tribunal, Pauri Garhwal, on 5th September 2010, and as per the factual backdrop pleaded in the claim petition, it was contended, that the deceased-Deepak Singh, who was engaged as a driver of the offending vehicle bearing Registration No.UP06 3078 (hereinafter to be called as a “vehicle”). The deceased was an employee of the owner of the vehicle, who was impleaded as the opposite party no.1, to the claim petition.

3. The claimants in the claim petition had come up with a case that on the date of the accident i.e. 10th August 2010, the deceased, who was 26 years of age, according to his registered date of birth being 10th August 1984, and as per the date of birth depi

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