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2005 Supreme(SC) 819

S.H.KAPADIA, ARIJIT PASAYAT
National Insurance Corporation LTD. – Appellant
Versus
Kanti Devi – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. National Insurance Company Limited (hereinafter referred to as the ‘insurer’) calls in question legality of the judgment rendered by a learned Single Judge of the Delhi High Court dismissing the appeal filed by it.

3. Questioning the award made by the Motor Accident Claims Tribunal, Karkardooma Courts, Delhi (in short ‘MACT’), the appeal was filed before the High Court. By the aforesaid award the MACT had held that the respondent no. 1 Mrs. Kanti Devi (hereinafter referred to as the ‘claimant’) was entitled to compensation of Rs. 2,24,800/- together with 8% interest from the date of filing of claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short ‘the Act’) i.e. 30.11.1998 till realization of the award excluding certain periods (i.e. from 30.11.1998 to 1.8.2000 and 10.9.2001 to 4.2.2002). The insurer was held liable to compensate the claimant.­

4. Background facts as projected by the claimant in the claim petition were that her son Pradeep Kumar lost his life on 4.10.1998 on account of vehicular accident involving Tata Tempo No. DL-1-B-8441 which was allegedly being driven rashly and negligently by Rohani Prasad responde

















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