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2016 Supreme(Del) 315

R.K.GAUBA
Jagmal Singh Yadav – Appellant
Versus
Oriental Insurance Co. Ltd – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr. Shantha Devi Raman & Mr. Arbaaz Hussain, Advs. for R-2 to 4.

JUDGMENT :

R.K. GAUBA, J.

1. Both these appeals under Section 173 of the Motor Vehicles Act, 1988 (“the MV Act”) arise out of judgment dated 31.10.2009 of the motor accident claims tribunal (“the tribunal”) passed in claim petition under Section 166 read with Section 140 of the MV Act presented by the legal heirs of Aasha Gulati who had died as a result of the injuries suffered in a motor vehicular accident that occurred at 10:30 AM on 01.10.2005 at the junction of the roads known as Faiz Road and, DBG Road, Karol Bagh, Delhi involving bus bearing registration no.DL-1PA-6854 (“the offending vehicle”).

2. The offending vehicle at the time of the accident was statedly driven by Achche Lal (“the driver”) in a rash/negligent manner. It was registered in the name of Jagmal Singh Yadav (“the owner) who admittedly had taken out an insurance policy against third party risk for the period in question from Oriental Insurance Company Ltd. (“the insurer”).

3. The tribunal, by the impugned judgment, awarded compensation in the sum of Rs.10,10,800/- with interest payable at 7.5% per annum from the date of filing of the petition (07.12.2005) till realization, apportioning it amongst the various legal





























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