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2013 Supreme(Del) 1087

G.P.MITTAL
Tara Sharma – Appellant
Versus
New India Assurance Co. – Respondent


Advocates Appeared:
For the Appearing Parties:Navneet Goyal with Ms. Mamta Bhardwaj, D.D. Singh with Navdeep Singh, Ms. Arati Mahajan, Advocates.

JUDGMENT

G.P. Mittal, J.

CM. 7068/2009 (delay) in MAC APP.238/2009

There is a delay of 93 days in filing the Appeal.

For the reasons as stated in the Application, the delay of 93 days in filing the Appeal is condoned.

The Application is allowed.

MAC.APP. 185/2009, MAC.APP. 236/2009 & MAC.APP. 238/2009

1. These three Appeals arise out of a common judgment dated 27.11.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in Suit No.313/2008 titled Ajay Popli v. New India Assurance Company Limited & Ors. and Suit No.319/2008 titled Smt. Tara Sharma & Ors. v. New India Assurance Company Limited & Ors.

2. MAC APP. 185/2009 is for enhancement of compensation preferred by the legal heirs of the deceased Naveen Chandra Sharma whereas MAC APPs.236/2009 and 328/2009 have been preferred by the New India Assurance Company Limited (the Insurance Company) on the ground that although the driving licence No.7620 held by the respondent Bachan Singh, the driver of the offending vehicle was found to be fake, the Claims Tribunal still made the Insurance Company liable to pay the compensation.

3. On 18.08.1999 at about 12:40 P.M. the deceased Naveen Chandra Sharma and Ajay Popli were d









































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