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2023 Supreme(Del) 3286

GAURANG KANTH
National Insurance Co. Ltd. – Appellant
Versus
Lrs. of Sukhbir Singh – Respondent


Advocates appeared:
Mr. Pradeep Gaur, Advocate with Ms. Sweta Sinha, proxy counsel, for the Appellant.
Mr. S.N. Parashar, Advocate, for the Respondent.

JUDGMENT

Gaurang Kanth, J.

1. The present appeal emanates from the Award dated 22.01.2013 ("Impugned Award") passed by the learned Presiding Officer, Motor Accidents Claims Tribunal, Rohini Courts, New Delhi ("Claims Tribunal") in MACT No. 201/11 titled as `LRs of Sukhbir v. Nishant Narula' wherein the Respondents no.1, 2, 3, 4 (Claimants) were awarded an amount of Rs. 14,18,400/- towards the death of Late Sh. Sukhbir and Rs.17,38,424/- towards the death of Late Smt. Mithilesh with an interest @ 7.5% per annum, from the date of filing of the Claim Petition till its realization.

2. The appellant company has preferred this appeal under Section 173 of the Motor Vehicles Act,1988 for modification/setting aside of the impugned Award with respect to the compensation awarded towards the death of Late Smt. Mithilesh.

FACTUAL MATRIX OF THE CASE

3. That on the fateful day of 18.04.2011, the offending vehicle bearing no. DL-2CP-5078, being driven by Respondent no.5, got involved in an accident near Main Burari Road, Delhi. Due to the collision, the offending vehicle rammed the motorcycles ahead of it, and consequently individuals, namely, Sukhbir Singh, Mithilesh, Shivani and one Tarun Lamba






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