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2016 Supreme(Del) 371

R.K.GAUBA
SAROJ NAKARA – Appellant
Versus
SURINDER SINGH – Respondent


Advocates:
Advocate Appeared:
Mr. B K Sood, Mr. Gaurav Garg and Mr. Shivam Rawat, Advs. for R-2 Mr. Sahil Paul, Adv. for R-5
Mr. Navneet Goyal, Adv.

JUDGMENT :

R.K.GAUBA, J.

1. On 24.07.1982, Yash Pal Nakra, aged 34 years (born on 12.04.1948), an employee of Central Ground Water Board, Ministry of Irrigation and Power, Government of India, met with an accident at about 4 PM while driving his motorcycle No.PUB-5835 (“the motorcycle”) when it was hit by a half body truck bearing registration No.DHG-5409 (“the truck”) at the junction of roads in the area of General Store, Ring Road, Shalimar Bagh and died as a result of injuries suffered. His legal heirs (claimants), appellants in FAO No.245/1998, also then including the parents (Sushila Nakra and Satya Pal Nakra) preferred an accident claim petition before the Motor Accident Claims Tribunal (“the Tribunal”) on 14.10.1982 under the provisions of Motor Vehicles Act, 1939, (“MV Act, 1939”), as then in force. During the pendency of the inquiry into the said claim petition, registered by the Tribunal as suit No.225/1982, the father and mother of the deceased expired on 28.03.1991 and 05.02.1996 respectively, their names having been later deleted from the array of parties. The claim petition impleaded M/s Narinder Singh Parvinder Singh, a partnership firm and its individual partners Nari































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