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2016 Supreme(Del) 1813

R.K.GAUBA
SHYAM YADAV – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. – Respondent


Advocates Appeared:
Mr. L.C. Rajput, Advocate
Ms. Archana Gaur, Adv. for R-1

JUDGMENT :

R.K.GAUBA, J.

1. Dhan Bahadur, 45 years old, privately employed at a fixed salary of Rs. 7,000/-, suffered death on account of the injuries sustained in a motor vehicle accident that occurred on 19.10.2009, involving negligent driving of car bearing registration no.HR-26AP-0514 (offending vehicle), which was admittedly insured against third party risk with National Insurance Company Ltd. (appellant in MAC appeal 465/2014). The offending vehicle was driven at the relevant point of time by Shyam Yadav (appellant in MAC 362/2014), it being registered in the name of Harvinder Yadav (appellant in MAC 1012/2014). The widow and children of Dhan Bahadur (first to fifth respondents herein) instituted an accident claim case before the Motor Accident Claims Tribunal (Tribunal) on 10.11.2009 (the impugned judgment wrongly shows the date of institution as 16.02.2012), which was registered a case no.S-71/10/2009). Seti Devi, mother of the deceased was also impleaded as proforma respondent (no.4) in the said case, the driver, owner and insurer of the offending vehicle having been impleaded as first, second and third respondents respectively.

2. The Tribunal held inquiry and, by judgment d

















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