DHARMESH SHARMA
New India Assurance Co Ltd – Appellant
Versus
Kanta Devi – Respondent
JUDGMENT
1. The appellant/insurance company in this appeal filed under Section 173 of The Motor Vehicles Act, 1988[The Act] is assailing the common Judgment-cum-award dated 21.08.2023 passed by the learned Presiding Officer, Motor Accident Claims Tribunal-02, Central District, Tis Hazari Courts, Delhi[Tribunal], whereby the learned Tribunal granted compensation in favour of both the claimants and fastened the liability to pay the compensation upon the appellant insurance company.
FACTUAL BACKGROUND:
2. Shorn of unnecessary details, a claim petition was instituted by the claimants/respondents No. 1 and 2 viz., widow and son of the deceased, apart from Ms. Akansha (both the son and daughter are not arrayed in the present appeal) on 08.05.2019, seeking compensation for the death of the deceased Raj Kumar S/o Ms. Shanti Lal, who met with an accident on 18.10.2018 at about 10.00 p.m. at a spot under the Flyover Burari, falling within the jurisdiction of Police Station Burari, Delhi, when his 'Phat Phat Seva vehicle', in which he was travelling as a passenger, was struck by a Metro Ra
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