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2023 Supreme(Del) 2183

RAJNISH BHATNAGAR
Royal Sundaram General Insurance Co. Ltd. – Appellant
Versus
Manisha – Respondent


Advocates appeared:
Mr. Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate, for the Petitioner.
Mr. Ghanshyam Thakur, Advocate, for the Respondent-1 to 5.

JUDGMENT

Rajnish Bhatnagar, J. The present appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the award dated 29.11.2019 passed by Presiding Officer, MACT, North West District, Rohini Courts, Delhi in MACT No. 50797/2016 with the following prayers:

    "a) It is therefore most respectfully prayed that the appeal of the Appellant may please be allowed/accepted and the Award dated 29.11.2019 passed by Sh. Amit Bansal, Judge MACT North West District, Rohini Courts, Delhi in MACT No. 50797/16 titled as "Manisha & Ors. Vs. Sukhbir & Ors." be suitably modified;

    b) Any other or further order which this Hon'ble Court may deem fit and proper in the present facts and circumstance may also be passed in favour of the Appellant and against the Respondents."

2. In brief, the facts of the case are that Naresh died as a result of injuries suffered in a motor vehicular accident which occurred on 08.05.2014 at about 5:00 p.m., in front of NDPL office, inside of Shiv Vihar Road, Karala road, Delhi. The deceased was driving his engine fitted rickshaw thela when suddenly a Tata Tempo bearing registration no. HR-46D-0998 (offending vehicle), which was being driven by its driver in

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