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2016 Supreme(Del) 682

R.K.GAUBA
ANSHUL – Appellant
Versus
MANDEEP SHOKEEN – Respondent


Advocates Appeared:
Mr. Ikrant Sharma, Adv.
Mr. Murari Tiwari & Mr. Rahul Kumar, Advs. for R-1 & 2
Mr. K. L. Nandwani & Mr. Sameer Nandwani, Advs. for R-3

JUDGMENT :

R.K.GAUBA, J.

1. On 12.12.2008 at about 12:50 AM at Tri Nagar, Road no.37, near Kanhaiya Nagar, Delhi, an accident occurred involving two motor vehicles, viz. a maruti car bearing registration no.DL-2C-AG-3179 (hereinafter referred to as “the car”) and a scorpio jeep bearing registration no.DL-8CJ-5582 (hereinafter referred to as “the jeep” or “the offending vehicle”). The car, at the time of the collision, was driven by Rakesh Garg. His wife Uma and two sons Mukul and Rishabh were travelling with him. The passengers in the car also included Tanvi, daughter of Mukesh Garg (brother of Rakesh Kumar). The jeep, the vehicle admittedly owned by Braham Prakash, on the other hand, was statedly driven by his son Mandeep Shokeen. As a result of the collision Rakesh, Uma, Mukul, Rishabh & Tanvi suffered injuries and died in the consequence.

2. Five claim petitions under Section 166 read with Section 140 of Motor vehicles Act, 1988 (“the MV Act”) came to be filed, they having been registered as MACT case nos.178/09, 180/09, 181/09, 182/09 & 183/09. In each of said claim cases, presented before the motor accident claims tribunal (“the tribunal”), Mandeep Shokeen and his father Braham P












































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