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2014 Supreme(P&H) 1654

LISA GILL
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
SANTOSH KUMAR GAUR – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ravinder Mohan Suri, Advocate.

JUDGMENT :

Lisa Gill, J.

This matter has been returned from the pre-Lok Adalat on 06.07.2011 as learned counsel for the appellant-Insurance Company has stated that it is not possible to settle the matter in Lok Adalat.

2. Fresh notice issued to respondent No. 5 i.e., the driver of the offending vehicle has not been received back served or otherwise, as per the office report. Memo of appearance of Mr. Adish Gupta, Advocate filed on behalf of respondents No. 5 and 6 is, however, on record. Keeping in view the fact that the appeal is of the year 2001, it would be a futile exercise to await the service upon the said respondent hence, the appeal is taken up for hearing.

3. This appeal has been filed by the Insurance Company challenging the award dated 14.10.2000 passed by the Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as, the Tribunal') to the extent that liability to pay the compensation has been imposed upon the insurer jointly and severally alongwith the other respondents.

4. Shorn of the details, the claim petition had been filed by the dependents of the deceased Rambati, who had died in an accident occurred on 07.03.1997 caused by the offending truck bearing regi












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