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2016 Supreme(Del) 1965

R.K.GAUBA
SEEMA – Appellant
Versus
JASBIR – Respondent


Advocates Appeared:
Ms. Neha Singh, Adv. proxy counsel for Mr. H.S. Gautam, Adv.
Mr. Rajat Brar, Adv. for R-3.

JUDGMENT :

R.K. GAUBA, J.

1. On 31.05.2008, Som Dutt was traveling with certain others in a Maruti car bearing registration no.HR-13A-6456 and at about 00:30 hours in the area of village Badli, within the jurisdiction of police station Bahadur Garh (Haryana), it met with an accident involving half body truck bearing registration no.HR-63-3145 (the offending vehicle). As a result of injuries suffered, Som Dutt died. His wife and other dependent family members (the appellants in MAC Appeal no.124/2014) instituted an accident claim case (MACP no.986/2008) on 25.07.2008 before the motor accident claims tribunal (the tribunal) seeking compensation under Sections 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act) impleading the driver (Jasbir), the owner (Virender Singh), superdar (Nirmla Devi) and the insurer (Bajaj Allianz General Insurance Co. Ltd.) as parties, on the averments that the accident had occurred due to negligence on the part of the driver of the offending vehicle. The tribunal clubbed the said case with two other similarly placed accident claim cases brought by Shi














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