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2017 Supreme(Del) 3043

R.K.GAUBA
RAJ RANI – Appellant
Versus
UNITED INDIA INSURANCE COMPANY LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anshuman Bal, Advocate
For the Respondent:Mr. Sankar N. Sinha, Advocate

JUDGMENT (ORAL)

1. Kapil Dev, husband of the first appellant and son of the other two appellants died in a motor vehicular accident that occurred on 06.10.2014. An accident claim case seeking compensation was instituted on their behalf through counsel on 27.10.2014 before the tribunal on the averments that the accident had occurred due to negligent driving of truck bearing registration No.RJ-01-GB-6533 by the first respondent, it being registered in the name of the second respondent and insured against third party risk with the third respondent.

2. The Motor Accident Claims Tribunal (the tribunal), by order dated 27.10.2014, issued notices to all the said respondents. The proceedings in the case were, however, closed by order dated 12.08.2015. An application for revival of the proceedings moved on 25.08.2015 resulted in fresh notices being issued. The said application for reasons which cannot be fathomed was withdrawn curiously by the counsel on 12.10.2015. On 27.11.2015, another application was moved for revival which was dismissed by the tribunal by order dated 11.01.2016. It is the said order which is assailed by the appeal at hand.

3. On notice, only the insurance company (third r



































































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