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2005 Supreme(Del) 824

PRADEEP NANDRAJOG
V. K. THUKRAL – Appellant
Versus
LALIT – Respondent


PRADEEP NANDRAJOG, J.

( 1 ) BY way of the present application, appellants pray that delay in filing the appeal be condoned.

( 2 ) APPELLANT No. 1 is the sole proprietor of appellant No. 2. A Maruti Car bearing No. DL-4c 1136 was purchased by appellant No. 1 in the name of his sole proprietory firm. The motor vehicle hit a cyclist on GT karnal Road near Kokli Turning Point. Unfortunately, the cyclist died. Accident took place on 13. 4. 99 at about 3. 30 P. M. Wife, children, father and mother of the deceased filed a claim petition under the M. V. Act, 1988. They claimed compensation against the appellants and the new India Assurance Company Limited, the insurance company with whom appellants had got the motor vehicle insured.

( 3 ) AT the end of the trial, learned MACT held that the death of the deceased was caused due to the rash and negligent manner in which appellant No. 1 was driving the motor vehicle. Compensation in sum of Rs. 4,33,800/- was assessed.

( 4 ) ON the issue of the liability of the insurance company, learned MACT held that the driving licence of the first appellant was fake and accordingly, learned mact held that the insurance company would be permitted to recover














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