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2015 Supreme(P&H) 1887

SURINDER GUPTA
New India Assurance Company Limited – Appellant
Versus
Ramji Parsad – Respondent


Advocates Appeared:
For the Appellant :D.K. Prajapati, Advocate for R.S. Madan, Advocate.

JUDGMENT :

Surinder Gupta, J.

The appeals captioned above are against the common award dated 05.02.2013 passed by Motor Accident Claims Tribunal, Chandigarh ((later referred to as the Tribunal), whereby compensation of Rs. 10,87,320/- was allowed on account of death of Vikrant Kumar son of claimants Ramji Parsad Singh and Rita Devi in a motor accident with vehicle Swaraj Mazda bearing registration No. HP-51-B-4459 ((later referred to as offending vehicle). The insurance company was directed to pay the compensation amount to the claimants at first instance and allowed the recovery rights against Lokesh Thakur, owner and driver of the offending vehicle on the ground that driver of the offending vehicle was not having a valid and effective driving licence on the day of accident.

2. New India Assurance Company in appeal (FAO No. 2326 of 2013) sought the reversal of the finding of the Tribunal that the accident had taken place due to rash and negligent driving of the offending vehicle by its driver. It has also questioned the quantum of compensation allowed by the Tribunal and to absolve the insurance company from the liability fastened on it.

3. Lokesh Thakur, driver and owner of the offen






































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