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2008 Supreme(Del) 254

KAILASH GAMBHIR
Rajendra Jha – Appellant
Versus
Arti Rohatgi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: P.S. Yadav, Adv.

JUDGMENT

Kailash Gambhir, J.

1. By way of the present appeal, the appellant seeks to challenge the impugned award whereby the claim petition filed by the appellant was dismissed.

2. Brief facts of the case inter-alia are that the appellant is a practicing Advocate, aged about 41 years. On 31.5.2004 at about 5:20 p.m. while he was returning to his house from Tis Hazari Courts and was standing at bus stop of ISBT, near Ritz Cinema Hall, the respondent No. 1 came from Mori Gate side by driving her car No. DL-6CB 5679 in rash and negligent manner and the said car ran over the right foot of the appellant causing him grievous injuries in his foot and various other injuries. The respondent No. 1 did not care to stop her car despite injuries caused to him and the appellant after noting down the number of the car informed the same to the Police Control Room. The police apprehended the respondent No. 1 and an FIR was registered with P.S. Kashmiri Gate. The appellant in the meanwhile got himself medically examined at Aruna Asaf Ali Hospital.

3. Mr. P.S. Yadav, counsel appearing for the appellant contends that the tribunal has dismissed the petition of the appellant, although sufficient evide









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