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2024 Supreme(Del) 547

DHARMESH SHARMA
HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Seema – Respondent


Advocates appeared:
Mr. Sameer Nandwani, Adv., for the Appellant.
Ms. Sarika Goel, Advocae for R-4 and R-5.

JUDGMENT

DHARMESH SHARMA, J.

1. The instant appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 [The M.V. Act] assailing the judgment-cum-award dated 18.09.2017 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Rohini Courts, Delhi [MACT] in MAC Petition No. 5134/16 titled 'Smt. Seema Vs. Sh. Prem Singh', whereby the learned MACT allowed the claim petition and awarded a compensation of Rs.14,48,000/- along with interest @ 9% p.a. w.e.f. date of filing of petition till the date of its realization, in favour of the respondents No.1, 2 and 3 i.e. LRs./three daughters[There was a 4th daughter who died during the proceedings on 29.05.2017.] of the deceased Ms. Pinki (hereinafter referred to as the 'claimants').

2. Further, the appellant and respondents no. 4 and 5 herein, who are the driver and registered owner of the offending vehicle respectively, have been made jointly and severally liable to pay the compensation and the liability has been fastened upon appellant/HDFC ERGO General Insurance Company Ltd, being the insurance company, to deposit the award amount.

BRIEF FACTS

3. Shorn of unnecessary details, Ms. Pinki aged 39 years old and a homemak

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