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2016 Supreme(Del) 732

R.K.GAUBA
SHASHI MAHAJAN – Appellant
Versus
RAJESH KUMAR – Respondent


Advocates Appeared:
Mr. Nitin Yadav, Adv.
Mr. A K Soni, Adv. for R-3

JUDGMENT :

R.K.GAUBA, J.

1. This appeal was preferred in 2006 under Section 173 of Motor Vehicles Act, 1988 (MV Act) to assail the judgment dated 31.08.2006 of Motor Accident Claims Tribunal (the Tribunal) whereby compensation in the sum of Rs.6,32,200/- was awarded with interest at 6% per annum in favour of the appellants, the interest being levied from the date of filing of the claim petition (06.01.2004) till realisation. The claim petition was preferred by the appellants being parents of Shavet Mahajan, a 24 years old youth, on account of his death in motor vehicular accident that occurred on 18.10.2003, caused by a motor vehicle which was admittedly insured with the third respondent (insurer) against third party risk covering the period in question. The driver and owner of the offending vehicle were impleaded in addition to the insurer as party respondents. The insurance company failed to file any written statement in spite of opportunity and, thus, its defence was struck off. The Tribunal awarded compensation holding the driver to be the principal tort feasor and the owner of the offending vehicle to be vicariously liable. It, however, directed the insurance company to pay the












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