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2018 Supreme(Del) 1724

SUNIL GAUR
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Rekha Devi @ Shakshi – Respondent


Advocates Appeared:
For the Appellant : Ms. Neerja Sachdeva.
For the Respondent: Mr. Pankaj Kumar.

JUDGMENT :

SUNIL GAUR, J.

1. Impugned Award of 3rd May, 2012 grants compensation of Rs. 9,74,260/- with interest @ 9% p.a. to respondents-claimants on account of death of one Vijay Pal aged 35 years in a vehicular accident on 22nd October, 2008.

2. The factual background of this case, as noticed in the impugned Award, is as under:-

“It is the case of the LRs of the deceased Sh. Vijay Pal that on 22.10.2008 the deceased alongwith Sh. Neetu s/o Sh. Raghuraj Singh was coming back to Delhi from Gandhidham, Gujarat, in vehicle No. HR-69A-1061 (truck), loaded by salt, via High Way Road, Radhanpur, Distt. Patan, Gujarat. The truck was being driven by Sh. Neetu carefully and vigilantly and at about 6.00 am when his vehicle i.e. truck bearing no. HR-69A-1061 reached near Ramdev Chaudhary Hotel, Highway Road, Radhanpur, Distt. Patan, Gujarat, then all of sudden the offending vehicle no. GJ-12Z-0921 (tanker) being driven by its driver respondent no. 1 with a high speed, rashly, negligently, violating the traffic rules, zig-zag manner and without indication applied the brakes, it was ahead of











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