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2023 Supreme(Del) 6006

NAVIN CHAWLA
United India Insurance Co. Ltd. – Appellant
Versus
Sonia – Respondent


Advocates appeared:
Mr.Pradeep Gaur & Ms.Sweta Sinha, Advocates (through VC), for the Appellant in MAC.APP. 478/2019 & CM APPL. 18420/2019 & 7507/2022 and for R1 in MAC.APP. 368/2022
Mr.Manish Maini, Mr.Vibhor Jain & Ms.Yashika Miglani, Advocates for R-1 to R-5 in MAC.APP. 478/2019 & CM APPL. 18420/2019 & 7507/2022 and for Appellants in MAC.APP. 368/2022. @JUDGE=

JUDGMENT

NAVIN CHAWLA, J.

1. These appeals have been filed challenging the Award dated 05.02.2019 (hereinafter referred to as `Impugned Award') passed by the learned Motor Accidents Claims Tribunal-02, (North-District) Rohini Courts, Delhi (hereinafter referred to as `Tribunal') in MAC Petition No.6109/2016 (Old MAC Petition No. 74/2016) titled as Smt. Sonia & Ors. v. Sh. Satish Kumar & Ors..

2. The above Claim Petition was registered on the Detailed Accident Report (in short, `DAR') filed by the police corresponding to the investigation carried out in FIR No. 1484/15 under Sections 279/304A Indian Penal Code, 1860 registered at PS Narela.

3. As per the DAR, on 21.11.2015, the deceased-Arun Kumar was going on his motorcycle and at about 1:15 pm, when he reached at Singhu Border Road in front of the Deepak Apartments, Narela, Delhi, one Maruti Van bearing registration no. HR-55-L-6792 (hereinafter referred to as the `Offending Vehicle'), which was being driven at high speed and in a rash and negligent manner, came and hit his motorcycle. As a result of the accident, the deceased fell from his motorcycle and he and his motorcycle came under the Offending Vehicle. They were dragged by th

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