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2016 Supreme(Del) 972

R.K.GAUBA
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
BALWINDER KAUR – Respondent


Advocates Appeared:
Mr. J.P.N. Sahi, Adv.

JUDGMENT :

R.K.GAUBA, J.

1. Manjeet Singh, aged 47 years, working as Head Granthi in Gurudwara at Keshavpuram, New Delhi died as a result of the injuries suffered in a Motor Vehicular accident that occurred at about 8.30 pm on 14.10.2005 near Mukarba Chowk involving Truck bearing No.UP-30A-5782 (offending vehicle), concededly insured against third party risk with the appellant Insurance Company for the period in question. Members of his family, dependants, the first to sixth respondents herein (collectively, the claimants) filed a claim petition under Sections 166 and 140 of Motor Vehicle Act, 1988 (MV Act) before the Motor Accident Claims Tribunal (Tribunal) on 20.10.2005, when it was registered as claim petition No.230/2006. The seventh and eight respondents herein were impleaded as party respondents in the said claim case on the averments that they are driver and owner respectively of the offending vehicle. Thappellant Insurance Company was shown in the array as the third respondent before the tribunal.

2. After inquiry the tribunal passed judgment dated 10.12.2008 holding the driver and owner to be liable to pay compensation and the Insurance Company liable to indemnify. The tribu















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