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DELHI HIGH COURT
KAILASH GAMBHIR
New India Assurance Co. Ltd. – Appellant
Versus
Geeta – Respondent
JUDGMENT
Kailash Gambhir, J. By way of the present appeal, the appellant seeks to challenge the award dated 23.10.2003, whereby the appellant has been made liable to pay and satisfy the award along with the insurer of the other offending vehicle i.e., New India Assurance Co. Ltd.
2. Brief facts to deal with the contentions raised by the parties are as under:
On 26.09.1995 at about 8:30 pm, the deceased Sh. Satish Kumar, driver of an auto rickshaw, was coming from Najafgarh. When he reached Arjun Park near the State Bank of India, Nangli Sakrawaton on main Najafgarh Road, he got down from the auto rickshaw to purchase bidi and when he was coming back to the said auto rickshaw, all of a sudden, Sh. Raj Sharma, who was the owner of the said auto rickshaw and employer of Sh. Satish, started the rickshaw with a sudden jerk, as a result the rickshaw turned turtle and Sh. Satish came under it. Due to the accident, Sh. Satish received fatal injuries and was taken to DDU hospital, where he was declared as ?brought dead?.
3. I have heard learned counsel for the parties and perused the record.
4. Mr. Pankaj Seth, counsel for the appellant contended that as per the evidence on record
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