JUDGEMENT
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(1.) Leave granted.
This appeal is directed against the judgment and order dated 20.5.2004
passed by a Division Bench of the Punjab and Haryana High court at Chandigarh
whereby and whereunder the Letters Patent Appeal preferred by the appellant
herein from the judgment and order dated 9.10.2000 passed by the learned Single
Judge in the said F.A.No. 2627 of 1998 was dismissed.
(2.) One Balwant Singh filed an application claiming a sum of Rs. 10,00,000/-
(Rupees Ten Lakhs) by way of compensation for death of his son Virender Singh
in
an accident which took place on 5.2.1997. The owner of the vehicle contested the
said claim. Appellant herein, inter alia, raised a contention before the Tribunal
that the driver of the vehicle, namely, Karan Arora was a minor on the date of the
accident and was not holding a valid and effective driving licence and thus it was
not liable to reimburse the owner of the vehicle.
(3.) In view of the aforementioned stand taken by the appellant inter alia the
following issue was framed:
Whether the accident resulting in death of Virender Singh alias
Rinku, took place due to rash and negligent driving of car bearing
registration No. HR41/3347 by respondent driver Karan Arora ;
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