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DELHI HIGH COURT
RAJNISH BHATNAGAR
Shri Ram General Insurance Co. Ltd. – Appellant
Versus
Aditya Kishore Chaturvedi – Respondent


JUDGMENT

Rajnish Bhatnagar, J.

1. The present appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant against the Impugned Award dated 03.02.2018 passed by the Ld. Tribunal whereby the Ld. Tribunal has allowed the claim petition.

2. In brief, the facts of the case are that on 12.10.2011, respondent No. 1 was going to his house from his place of work situated at Plot No. 324, Udyog Vihar, Phase-IV, Gurgaon, Haryana on foot. At about 7:15 a.m. when respondent No. 1 reached Gurgaon border near petrol pump, bus bearing No. DL1PC 1685 came from Delhi side being driven in a rash and negligent manner at very high speed and while overtaking respondent No. 1 hit him, as a result of which respondent No. 1 fell down and sustained multiple injuries. An FIR No. 137/2012, under section 279/337/338 IPC was registered at PS Udyog Vihar.

3. On the basis of the pleadings of the parties, the Ld. Tribunal framed the following issues:

    "(i) Whether the petitioner had suffered grievous injuries in road traffic accident which took place on 12.10.2011 within the jurisdiction of PS: Udyog Vihar, Gurgaon due to rash and negligent driving of the vehicle bearing registra

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