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2011 Supreme(Del) 795

M.L.MEHTA
Oriental Insurance Co. Ltd. – Appellant
Versus
Phulo Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Tarkeshar Nath, Mr. Saurabh Tuteja
For the Respondents: S.K. Vashisht

JUDGMENT :

M.L. Mehta, J.

The Insurance Company challenged the order dated 4.7.2007 passed by learned Judge, MACT, new Delhi in Suit No.259/2006. The respondents no. 1 to 8 herein is legal heirs of deceased Harish Chander @ Hari Chander who was employed as a driver of the truck of respondent no.9 Krishan Gupta. On 6.5.2000, the deceased was driving the truck and was on his way to Delhi. On the way, one Rampal, an ex employee of the truck owner Krishan Gupta with his two friends met Hari Chander and requested for lift. The deceased Hari Chander obliged them. When the truck reached near Prem Dham, Village-Baldhana at about 10 pm, Rampal along with his accomplices attacked on Hari Chander and gave him multiple stab injuries resulting into his death. His dead body was thrown away. Rampal along with his friends fled away with the vehicles as well as money belonging to Hari Chander. A case FIR No. 164/2000 was lodged under Sections 302, 394, 411 IPC. Respondents no. 1 to 7 who are the legal heirs of the deceased filed claim petition seeking compensation being Suit No.289/2000 against the owner of the truck Mr. Krishan Gupta and the appellant herein, the insurer of the truck. Both the respo






















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