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2007 Supreme(Del) 2775

KAILASH GAMBHIR
National Insurance Company Ltd. – Appellant
Versus
Pushpa Rana – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: S.L. Gupta, Adv.
For Respondents/Defendant: S.K. Tiwari, Adv.

JUDGMENT

Kailash Gambhir, J.

1. The present appeal preferred under Section 173 of The Motor Vehicles Act, 1988, arises out of an award dated 24th April, 2007 of the Motor Accident Claims Tribunal, whereby the Tribunal awarded a sum of Rs. 13,26,000/- along with interest @ 7% per annum to the appellant from the date of filing of the petition.

2. The brief facts are that the deceased Sh. Kailash Singh Rana, aged 26 years while driving his scooter No. DL 9S G 4738 on 30th December 2004 at about 7:30 pm dropped Ms. Ramni Taneja to her residence at A-34, defense Colony, New Delhi and after finishing off his duty he left for his residence situated at Bijwasan, Delhi. At around 8:30 pm, when he was approaching the turning point of the petrol pump opposite to Shiv Murti and was about to take a right turn towards Bijwasan, suddenly a TATA Tempo bearing registration No. HR 47 6169 driven by Sh. Shambhu Kumar Singh hit the scooter badly in a rash and negligent manner from behind due to which he fell on the ground and sustained fatal injuries and was removed to AIIMS hospital where he succumbed to his injuries. The legal representatives of the deceased filed the claim petition on 12th May 2005

















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