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2023 Supreme(Del) 5969

NAVIN CHAWLA
Usha – Appellant
Versus
Bishan Singh & Ors (Tata Aig General Insurance Co. ) – Respondent


Advocates appeared:
Ms.Aruna Mehta, Advocate, for the Appellant.
Ms.Shalu Sisodia, Advocate, for R-3.

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed by the appellant challenging the Award dated 29.10.2018 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal-02 (West-District), Tis Hazari Courts, Delhi (hereinafter referred to as the `Tribunal') in Claim Petition no. 76800/2016, titled Smt. Usha & Ors. v. Bishan Singh & Ors..

2. It was the case of the claimants that on 08.12.2016, the deceased- Sh.Ved Prakash along with Mr.Amit Aggarwal, Ms.Isha Aggarwal, wife of Mr.Amit Aggarwal, and Ms. Dharvi, daughter of Mr.Amit Aggarwal and Ms.Isha Aggarwal, were returning to Delhi from Jammu in a car bearing registration No.DL-8CW-8512 being driven by the deceased-Sh.Ved Prakash. Mr.Dhanraj Aggarwal, uncle of Mr.Amit Aggarwal, was following them in another car bearing registration No.DL-10CD-7937. At about 11.50 p.m. the car driven by the deceased hit a truck bearing registration No.HR-37C-9870 (hereinafter referred to as the `Offending Vehicle') which was parked in the middle of the road at Main GT Highway, Alluna, and could not be seen by deceased. Consequently, the deceased succumbed to his injuries on 11.12.2013.

3. The limited

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