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2013 Supreme(Del) 1135

G.P.MITTAL
New India Assurance Co. – Appellant
Versus
Harpal Singh – Respondent


Advocate Appeared:
For the Appearing Parties:K.L. Nandwani with Vaidant Chadha, Navneet Goyal, Advocates.

JUDGMENT

G.P. Mittal, J.

1. These four Appeals relate to a motor vehicle accident which took place on the night intervening 11-12.09.2005. Five separate Claim Petitions were preferred by the victims/legal representatives of the deceased claiming various amounts of compensation. The accident resulted in death of the two occupants and injuries to three who were travelling in a tempo No.UP-12K-5797. The compensation awarded in respect of three injury cases has been paid by the New India Assurance Company Limited (the Insurance Company) whereas two appeals (MAC APP.138/2011 and MAC APP.143/2011) have been preferred by the Insurance Company challenging its liability and the quantum of compensation. Other two appeals (MAC APP.744/2011 and MAC APP.30/2012) have been preferred by the legal representatives of the deceased Naresh (son of Kashmira) and Naresh Kumar @ Setu (son of Harpal Singh).

2. In the Claim Petition (relating to MAC APP.30/2012) preferred by Harpal Singh father of the deceased Naresh Kumar @ Setu, the Appellant Harpal Singh has claimed that his son Naresh Kumar @ Setu, aged 18 years was travelling in tempo No.UP-12K-5797 as owner of the goods (guava) which were being trans





































































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