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2016 Supreme(Del) 1378

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


Advocates Appeared:
Mr. A.K. Soni, Adv.
Mr. G.P. Thareja & Mr. Satyam Thareja, Advs. for R-1 & 2.

JUDGMENT :

R.K.GAUBA, J.

1. Vijay Kumar, then aged 26 years, a self-employed person engaged as a contractor with New Delhi Municipal Council (NDMC) died as a result of injuries suffered in a motor vehicular accident that occurred on 17.10.2005 involving motor vehicle described as UP 12K 1397 (the offending vehicle), admittedly insured against third party risk for the period in question with Oriental Insurance Company Ltd. (appellant in connected MAC Appeal No. 956/2015). His widow Babita and minor daughter Shruti (first and second respondents in MAC Appeal No. 332/2011) preferred a claim petition under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) before the motor accident claims tribunal (the tribunal) whereupon it was registered as MACT No. 278/2010. Besides the insurer (appellant in MAC Appeal No. 332/2011), Rajpal Singh and UP Transport Corporation, the driver and owner respectively of the offending vehicle were impleaded as parties. It may be added, per pleadings of the claimants, the dependants of Vijay Kumar who were entitled to seek compensation included his parents Tej Singh and Chander Kali who were shown in array of parties in the claim petition as fourth and f




















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