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2023 Supreme(Del) 3361

GAURANG KANTH
HDFC Agro General Insurance Co. Ltd. – Appellant
Versus
Mam Kaur (Reliance General Insurance Co. Ltd. ) – Respondent


Advocates appeared:
Mr. A.K. Soni, Advocate, for the Appellant.
Mr. S.N. Parashar, Advocate, 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 against the Award dated 03.06.2015 passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, North East District, Karkardooma Courts, Delhi (hereinafter referred to as the `Tribunal') in MACT No. 324/2012.

2. Facts borne out of the records are that on 10/09/2011 at about 02:45 AM deceased and his friend Sushil were coming from Durga Puri Chowk after taking the dinner and when they both reached near Gokul Puri Flyover, Ganda nala near Gas Godown, at the same time driver of the offending vehicle came from back side, allegedly in a rash and negligent manner, and hit the deceased with great force due to which deceased sustained multiple injuries. Deceased was immediately taken to GTB Hospital where he died during the treatment. The FIR No. 315/11 under Sections 279/337/304-A of the Indian Penal Code, 1860 was also registered at P.S. Gokul Puri in this respect. Being severally affected physically, mentally and financially by the accident, the respondents have filed a claim petition before the Tribunal seeking compensation.

3. By way

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