FAO No. 1264 of 2008 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

FAO No. 1264 of 2008 (O&M)

Date of decision : 1.4.2010

...

Mamrej @ Mamraj

................Appellant

vs.

Vinod Kumar Jain and another

.................Respondents

Coram: Hon'ble Mr. Justice K.C. Puri

Present: Sh. Sandeep Jasuja, Advocate

for the appellant

Sh.D.P. Gupta, Advocate

for respondent No.2-Insurance company.

...

K.C. Puri, J. (Oral)

This is an appeal directed by injured- claimant against the

award dated 28.11.2007 passed by MACT, Gurgaon, vide which the

claim petition preferred by the claimant was dismissed on the ground

that driver has been given up.

The case of the claimant is that on 6.1.2006, the petitioner

was going to village Singar from his village Khairawa on a motor

cycle which was being driven by him in a moderate speed and on the

correct left hand side of the road and at about 1.00 P.M. when the

petitioner reached near village Thek, the petitioner was overtaking

FAO No. 1264 of 2008 -2-

bus no. RJ 05/P-0145 with due care and indication and