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2024 Supreme(Del) 285

DHARMESH SHARMA
The New India Assurance Co Ltd – Appellant
Versus
Sukhpal Kaur – Respondent


Advocates appeared:
Mr. Navdeep Singh, Advocate, for the Appellant; Mr. Shayam S. Sharma, Rajiv K. Nanda, Mr. Sanjeev Kumar Baliyan, Mr. Nirbhay Sharma and Mr. Yash Yadav, Advs. for R-1 to 4. Mr. Pankaj Seth, Adv. for R-9.

JUDGMENT

Dharmesh Sharma, J. - This judgment shall decide the present appeal filed by the appellant/Insurance company in terms of Section 173 of the Motor Vehicles Act, 1988[MV Act] assailing the quantum of compensation decided vide the impugned award-cum-judgment dated 21.03.2016 passed by the Motor Accident Claims Tribunal, Patiala House Courts, New Delhi[MACT] in case No. 90/16/2010[Claim Application] titled as 'Smt. Sukhpal Kaur v. Vinglesh Chand and Others'., granted in favour of the claimants/respondent No. 1 to 4.

FACTUAL BACKGROUND:

2. Briefly stated, it was the case of the claimants that on 13.10.2008, Sh. Iqbal Singh (deceased herein) aged 64 years, was travelling in Indica car bearing No. DL-3CW-8279 (herein referred to as the 'offending vehicle') which was being driven by Vinglesh Chand/respondent No.1/driver[Section 2(9) of MV Act: "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle] registered with Sohan Lal/respondent No.2/owner[Section 2(30) of MV Act: "owner" means a p

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