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2019 Supreme(SC) 881

INDU MALHOTRA, SANJIV KHANNA
Sunita Tokas – Appellant
Versus
New India Insurance Co. Ltd. – Respondent


JUDGMENT

Indu Malhotra, J.

Leave granted.

1. The present Civil Appeal has been filed to challenge the final Judgment and Order dated 01.08.2017 passed by the High Court of Delhi in MAC. APP. No. 323 of 2017. The Appellants herein have filed the present Civil Appeal for enhancement of the compensation granted by the Motor Accident Claims Tribunal, Patiala House Courts, New Delhi ("MACT") and the High Court.

2. The factual matrix in which the present Civil Appeal arises is briefly stated as under :-

2.1. The son of the Appellants viz. Pradeep Tokas was a student who was a trained swimmer, and had won prizes in State-level events.

2.2. On 11.05.2004, Pradeep Tokas was sitting on a two-wheeler as a pillion rider, while travelling on the Upper Ridge Road towards Karol Bagh, New Delhi.

At 1:05 a.m., the said two-wheeler met with an accident with a stationary Truck bearing Registration No. HR-51-GA-0525, which was not visible at night. The truck was standing in the middle of the road without any indicator lights on. The two-wheeler dashed against the stationary truck, and both Pradeep Tokas
















































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