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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta, J
Babita Gupta – Appellant
Versus
Ramesh Kumar – Respondent
| Table of Content |
|---|
| 1. overview of the claim petition and the tribunal's decision. (Para 1 , 2) |
| 2. summary of contentions by the appellants and respondent. (Para 3 , 4 , 5 , 6) |
| 3. evaluation of evidence and the finding of collusion. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. legal principles regarding witness credibility and criminal trial outcomes. (Para 14 , 15 , 16) |
| 5. final order of the appellate court. (Para 17 , 18) |
NIDHI GUPTA, J.
1. The present appeal has been filed by the claimants laying challenge to the Award dated 05.09.2012 passed by the Motor Accident Claims Tribunal, Jind (for short “the learned Tribunal”) whereby MACT Case No.41 dated 25.07.2012 filed by the claimants/appellants under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’), has been dismissed. 5 claimants are the 45-year-old widow, 23-year-old son, 21-year-old son, 19-year-old daughter, and 68-year-old mother of deceased Sanjeev Gupta.
2. It was the pleaded case of the appellants before the learned Tribunal that the deceased, Sanjeev Kumar Gupta, had died due to injuries suffered by him in a motor vehicle accident that had taken place on 08.02.2011 at about 11.00 PM due to the r
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