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2017 Supreme(Del) 2891

R.K.GAUBA
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Ramavtar Yadav @ Ramotar Yadav – Respondent


Advocates Appeared:
For the Appellant : Mr. Pradeep Gaur.
For the Respondent: Mr. Rupender Singh.

JUDGMENT :

1. Mukesh, a bachelor, then 25 years old, working as helper at construction site at Shivaji Stadium, Delhi, suffered injuries at about 5.25 a.m. on 21.01.2010 on account of negligent driving of motor vehicle described as excavator bearing no.20085099E/ NL13838/M by the fifth respondent, the said vehicle being registered in the name of the sixth respondent and insured for the relevant period with the appellant insurance company and died in the consequence. His parents and two minor siblings, they being first to fourth respondents (collectively, the claimants), instituted accident clam case (MACP No. 193/2011) on 26.02.2010, which, after inquiry, was allowed by the tribunal, by judgment dated 23.07.2015, whereby award in the sum of Rs. 10,26,000/- was granted with interest @ 9% per annum, the liability being fastened on the appellant insurance company, its plea about the policy not covering third party risk having been rejected.

2. By the appeal at hand, the insurance company reiterates the plea that the policy in question (Ex. R3W1/1) did not cover third party risk. It is noted that the insurance company while tendering the said document had relied upon certain additional d











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