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2024 Supreme(Del) 295

DHARMESH SHARMA
Nitco Logistic Pvt Ltd – Appellant
Versus
Rajiv Kumar (HDFC Ergo General Insurance Co Ltd) – Respondent


Advocates appeared:
Ms. Sunita Hazarika, Mr. Mayank Yadav & Mr. Zalgoulen Kipgen, Advocates, for the Appellant; Mr. Sunil Kumar Verma, Advocate for R-1., Mr. Nikhil, Adv. for Insurance Company

JUDGMENT

Dharmesh Sharma, J. - This common judgment shall decide the above noted appeals preferred by the appellant/registered owner of the offending vehicle under Section 173 of Motor Vehicle Act, 1988 (Act) assailing the impugned common judgment-cum-award dated 03.10.2018 passed by the learned Presiding Officer, Motor Accident Claims Tribunal (Tribunal) (South-West District), Dwarka Courts, New Delhi arising out of MACP No.1356/2016, titled Rajiv Kumar v. Nirmal Singh & Ors. as also MACP No.1355/2016, titled Haripal & Anr. v. Nirmal Singh & Ors., whereby respondent No.3/Insurance Company has been made entitled to recover the amount awarded to the claimants from the appellant.

FACTUAL BACKGROUND:

2. In MAC.APP. 204/2019, shorn off unnecessary details, claimant/Rajiv Kumar met with a motor accident on 04.04.2014 when he was driving truck bearing No. DL-1M-4988 from Manesar towards Delhi involving another truck bearing No. HR-55J-2806, and sustained injuries. The claimant/injured filed a claim for compensation on 28.05.2014 against Nirmal Singh, the driver of the other vehicle, which was registered in the name of respondent No.2/present appellant herein and insured by respondent No.3/I

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