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2009 Supreme(Del) 1421

VIDYA BHUSHAN GUPTA
Oriental Insurance Company Ltd. – Appellant
Versus
Amit Kumar, Beg Raj. and Sh. Jagbir Singh – Respondent


Advocates Appeared:
For the Appellant : Madhurendra Kumar.
For the Respondent: Navneet Goyal and Varun Kumar.

JUDGMENT :

V.B. GUPTA, J.

1. This appeal has been filed by appellant-Insurance Company against award dated 3rd August, 2004, passed by Motor Accident Claims Tribunal (for short as 'Tribunal') Delhi. Vide impugned award, respondent No. 1-the injured, was awarded compensation amounting to Rs. 15,66,000/- (Rupees Fifteen Lakhs Sixty Six Thousand Only) along with interest @ 9% per annum from the date of filing of the petition till realization.

2. Brief facts of this case are that injured, aged about 17 years, met with a road side accident on 19th November, 1999. On that day he was driving his two wheeler "trendy" and when he reached at 'T' point crossing of Roshanara Road, Delhi and was taking a turn to the right on green light signal, a blue line bus bearing No. DL 1 PA 0671 came at fast speed jumping the red light and hit his scooter. Respondent No. 1 sustained grievous injuries, where as his uncle Mukesh Kumar, who was sitting on the pillion seat survived with minor injuries.

3. Learned Counsel for appellant has made two-fold submissions;

(i) That it is a case of contributory negligence on the part of injured and ;

(ii) The injured was not having a valid driving licence.

4. In view of prov



























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