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2023 Supreme(Del) 2037

GAURANG KANTH
National Insurance Co. Ltd. – Appellant
Versus
Vandana – Respondent


Advocates appeared:
Mr. Pankaj Seth, Advocate, for the Petitioner.
Ms. Kiran Suri, Senior Advocate with Mr. Purvesh Buttan, Ms. Aishwarya Kumar, Mr. Prateek Narwar and Ms. Vidhushi Garg, Advocates, for the Respondents.

JUDGMENT

Gaurang Kanth, J. The present appeal has been preferred by the Appellant under Section 173 of the Motor Vehicles Act, 1988 (`the Act') for setting aside the award dated 21.12.2012 (`Impugned Award') passed by the Presiding Officer, Motor Accident Claims Tribunal (SE-01), Saket, New Delhi. Vide the impugned Award, learned Claims Tribunal was pleased to award a compensation of Rs.5,36,032/- along with an interest @ 9% per annum in favor of the Claimants (Respondent Nos.1 to 4) from the date of filing of the Claim petition till the date of issuance of notice under Order XXI Rule 1 of the Civil Procedure Code. Learned Claims Tribunal further directed the Appellant herein to pay the said compensation amount at the first instance and granted recovery rights in favor of the Appellant against Respondent Nos.5 & 6 (Driver & Owner)

2. The Appellant herein is challenging the impugned award limited to their liability to pay the compensation, as according to the Appellant, the offending vehicle was not insured with them at the time of the accident. It is the case of the Appellant that the insurance policy produced by the Claimants was a forged document and hence the Appellant has no li

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