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2012 Supreme(Del) 3287

G.P.MITTAL
Purshottam Lal Goel – Appellant
Versus
Gurdhian Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Navneet Goyal, Ms. Suman N. Rawat
For the Respondents: A.K. De, Rajesh Dwivedi, Dipak K. Nag, Ms. Debopama Ray

JUDGMENT :

G.P. Mittal, J.

These two appeals arise out of a judgment dated 13.9.1994 passed by the Motor Accidents Claims Tribunal ('the Claims Tribunal') whereby a compensation of Rs. 74,000 and Rs. 40,000 respectively was granted in favour of the appellants Purshottam Lal Goel and Savita Gupta (in F.A.O. No. 298 of 1994 and F.A.O. No. 302 of 1994 respectively) for having suffered injuries in a motor accident which occurred on 2.9.1973. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of taxi No. DLT 1960 by its driver Gurdhian Singh, respondent No. 1. As against a claim of Rs. 1,00,000, a compensation of Rs. 74,000 was awarded in favour of the appellant Purshottam Lal Goel and as against a claim of Rs. 50,000, a compensation of Rs. 40,000 was awarded in favour of the appellant Savita Gupta. During the inquiry, it was brought to the notice of the Claims Tribunal that owner of the taxi Mohal Singh, respondent No. 2, failed to produce the original insurance policy; its photocopy was obtained from counsel for the owner (Mr. J.N. Verma, Advocate) which reflected that the liability of the insurance company was li


























































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