FAO-8123-2014

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO-8123-2014 (O&M)

Date of decision: 16.09.2021

Kitabo and others

...Appellants

Versus

Rajesh Kumar and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE H.S. MADAAN

Present:

Mr. B.S. Saroha, Advocate for the appellants.

Mr. Rajneesh Malhotra, Advocate for respondent No.3.

*****

H.S. MADAAN

, J. (Oral)

Case taken up through video conferencing.

On account of death of Joginder son of Dharambir, in a

motor vehicular accident which took place on 25.02.2012 within

jurisdiction of Police Station Sadar, Sonepat, statedly on account of rash

and negligent driving of tractor bearing No.HR-10H-0563 by Rajesh

Kumar-respondent No.1, such tractor belonging to respondent No.2-

Satish Kumar, Ms. Kitabo-mother, Kavita-sister and Narender-younger

brother, all residents of Village Rajpur, Tehsil Ganaur, District Sonepat

had filed a claim petition under Section 166 of the Motor Vehicles Act,

1988 against respondents i.e. Rajesh Kumar-driver, Satish Kumar-owner

and Bharti Axa General Insurance Company Ltd., New Delhi-insurer of

the offending tractor.

On getting notice, all the three respondents put in appea