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2023 Supreme(Del) 4262

GAURANG KANTH
Sanjay Sharma – Appellant
Versus
New India Ass Co. Ltd. & Ors – Respondent


Advocates appeared:
Mr. S.N. Parashar, Advocate, for the Appellant.
Mr. Pankaj Seth, Advocate, for the Respondents.

JUDGMENT

Gaurang Kanth, J.

1. The present appeals have been filed against the order dated 02.04.2008 ("Impugned order-I") passed by the M.A.C.T., Karkardooma Courts, Delhi and order dated 19.02.2013 ("Impugned order-II") passed by the ADJ, Karkardooma Courts, Delhi. The Impugned order-I and Impugned order-II would be collectively referred as `impugned orders', wherever required.

The appellant, who is the owner of the insured vehicle is impugning the legality of impugned orders and has prayed for setting aside of the impugned orders passed by the learned Claims Tribunal and the lower court respectively.

FACTS RELEVANT FOR ADJUDICATION OF THE APPEALS

2. Succinctly stated, on an unfortunate day of 21.01.2005, the deceased/Mr. Rajiv Kumar Chauhan and Master Vishal along with their family while travelling to Delhi in Jeep bearing no. DL5C-B-7800 ("the vehicle") met with a fatal accident. The said vehicle was insured vide policy number 310701/31/04/01/00001285 by the insurer/Respondent no.1, The New India Assurance Co. Ltd. The vehicle was alleged to be driven negligently and recklessly by the Respondent no.2 (driver of the vehicle) when it lost the control and hit the trolley which was p

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