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2023 Supreme(Del) 2177

REKHA PALLI
National Insurance Co. Ltd. – Appellant
Versus
Yad Ram – Respondent


Advocates appeared:
Mr.Pradeep Gaur with Ms.Sweta Sinha, Advocates, for the Appellant.
Mr. Satya Naryan Padhee with Mr. Bhave S Sharma, Advocates, for the Respondent.

JUDGMENT

Rekha Palli, J.

1. The present appeal under Section 173 of the Motor Vehicles Act (hereinafter, 'MV ACT'), preferred by the insurance company, seeks to assail the award dated 29.01.2018 passed by the learned Motor Accident Claims Tribunal (hereinafter, 'the learned Tribunal'). Vide the impugned award, the learned Tribunal has awarded a sum of Rs. 97,23,040/- with interest @ 9% p.a., as compensation to the claimants/respondent nos. 1 to 4, who are the two minor sons and parents of the deceased Shri Raj Kumar, who died in the accident on 13.12.2016.

2. Before dealing with the submissions of learned counsel for the parties, the brief factual matrix, as is necessary for adjudication of the present appeal, may be noted.

3. On 13.12.2016, Sh. Raj Kumar, a constable/GD in the Central Reserve Police Force (CRPF) along with his wife namely Smt. Seema Devi and 9 years old daughter Ritu was travelling on a motor cycle bearing registration number UP-81AA-0367. On reaching Kalandi Kunj Road No. 13, near Metro Yard, New Delhi, the motor cycle was hit from behind by a truck bearing registration number HR- 38V-6909. The truck which was insured with the appellant was being driven by resp

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