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2005 Supreme(Del) 527

ARIJIT PASAYAT, S.H.KAPADIA
NATIONAL INSURANCE CO. LTD – Appellant
Versus
KANTI DEVI – Respondent


Advocates Appeared:
Pijush Sharma, Pramod Dayal

Arijit Pasayat, J.

( 1 ) LEAVE granted. National Insurance Co. Ltd. (hereinafter referred to as the insurer ) calls in question legality of the judgment rendered by a learned single Judge of HIGH COURT OF DELHI dismissing the appeal filed by it.

( 2 ) QUESTIONING the award made by the motor Accidents Claims Tribunal, Karkardooma courts, Delhi (in short the m. A. C. T. ), the appeal was filed before the High Court. By the aforesaid award the m. A. C. T. had held that the respondent No. 1 Kanti Devi (hereinafter referred to as the claimant ) was entitled to compensation of Rs. 2,24,800 together with 8 per cent 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 realisation 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.

( 3 ) 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 ne














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