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2023 Supreme(Del) 1846

GAURANG KANTH
United India Insurance Co. Ltd. – Appellant
Versus
Ruby Devi – Respondent


Advocates appeared:
Mr. Ravi Sabharwal, Advocate, for the Appellant.
Mr. Parveen Kumar Mehdiratta and Mr. Ram Singh, Advocates, for the Respondent-1 to 5.

JUDGMENT

Gaurang Kanth, J. The present appeal has been preferred by the Appellant under Section 173 of the Motor Vehicles Act, 1988 ("the Act") against the Award dated 06.04.2013 passed in case no. 504/2011 by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, (West), Delhi ("impugned Award").

2. By way of the impugned Award dated 06.04.2013 the learned Claims Tribunal awarded a compensation of Rs.12,57,198/- with interest @ 7.5% per annum from the date of filing of the claim petition till the issuance of notice under order XXI Rule 1 CPC and directed the Insurance Company to deposit the entire awarded amount within a period of one month. Learned Claims Tribunal further granted recovery rights in favour of the Appellant as Respondent No.6 did not have a valid license at the time of the accident.

3. On 03.05.2011 at about 05:00 am, the deceased Sh. Rambhaj @ Kanu Prasad was coming from Azadpur Mandi in TSR goods tempo bearing no. DL IL N 0163 driven by Mr. Santosh Kumar/Respondent No. 6. The offending vehicle hit the divider of the road and it overturned. Due to the impact of the accident, the deceased fell down, came under the offending vehicle and died. An FI

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