R.K.GAUBA
Madhu Sharma – Appellant
Versus
Royal Sundaram Alliance Insurance Co. Ltd. – Respondent
R.K. GAUBA, J.
1. Surinder Sharma, 42 years old, working for gain as partner in firm styled as M/s Surinder Kumar and Bros. (Engineer & Govt. Contractor), suffered injuries in a motor vehicular accident that occurred on 10.12.2004, involving negligent driving of Indica car bearing registration no. DL-3CW-2846, which was admittedly insured against third party risk with M/s Royal Sundaram Alliance Insurance Co. Ltd. (appellant in MAC Appeal No. 417/2008) and died in the consequence. His wife and other family members dependent on him, they being appellants in MAC Appeal No. 481/2008, instituted accident claim case (suit no. 217/2005) on 15.04.2005 seeking compensation, impleading, besides the insurance company (insurer), Manish Kumar Jain (respondent in these appeals) as first respondent, he being the driver and owner of the offending vehicle.
2. The tribunal held inquiry and, by judgment dated 17.05.2008, upheld the claim for compensation on the principle of fault liability holding the said Manish Kumar Jain to be responsible for the accident. The said finding has attained finality as it was not challenged.
3. The tribunal awarded compensation in the total sum of Rs. 15,70,000
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