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2024 Supreme(Del) 446

DHARMESH SHARMA
Sudershan – Appellant
Versus
Kiran Bakhla – Respondent


Advocates appeared:
Mr. Sarvesh Bhardwaj, Advocate alongwith Appellant present-in-person.
Ms. Bhakti Pasrija and Mr. Sonu Mandal, Advocates, for the Respondents.

JUDGMENT

Dharmesh Sharma, J.

1. This judgment shall decide the present appeal filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 [MV Act], assailing the impugned award dated 22.05.2010 passed by the Presiding Officer, Motor Accident Claims Tribunal, New Delhi, [Tribunal] in MACT No. 747/2003 titled 'Smt. Kiran Bakhla & Anr. v. Shri Sudershan & Ors.', whereby an amount of Rs. 6,57,936/- with interest @ 7.5% per annum was awarded as compensation from the date of institution of claim petition on 24.12.2003 to the petitioner/ respondent No.1 for death of her husband, wherein she was made entitled to 50% of the claim amount, respondent No. 2 was made entitled to 30% of the claim amount and respondent No. 5, for death of his son was made entitled to 20% of the claim amount. The liability to pay compensation was fastened jointly and severally in equal proportion upon the Insurance Company and appellant Mr. Sudershan.

FACTUAL BACKGROUND:

2. Succinctly put, the deceased Sh. Balasius Alwis Bakhla, aged 29 years on the fateful day dated 12.08.2003, met his unfortunate demise when at about 8:35 PM, in an attempt to board a bus from Chirag Delhi Bus Stop to reach his home, h

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