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2022 Supreme(P&H) 444

ALKA SARIN
National India Insurance Co. Ltd. – Appellant
Versus
Smt. Fajari – Respondent


Advocates Appeared:
Mr. Ravinder Arora, Advocate, for the Appellant, Mr. G. S. Bhatia, Advocate, for the Respondent.

ORDER

Alka Sarin, J. - The present appeal has been filed by the insurance company challenging the award dated 07.05.1996 passed by the Motor Accident Claims Tribunal, Gurgaon (for short, the 'Tribunal') on the ground that recovery rights have not been given to it. The claimant-respondent Nos. 1 to 5 have filed cross-objections seeking further enhancement of the amount of compensation awarded. Present respondent No.6 was the driver of the offending vehicle, present respondent No.7 had taken the offending vehicle on superdari while present respondent No.8 was the owner of the offending vehicle.

2. The facts in brief are that on 15.05.1993 deceased Jalaluddin was going from village Luhinga Kalan to village Bisru on a motorcycle. His younger brother, Mohd. Ali, was riding pillion. At about 6.00 pm when they reached near village Tundalka, a Maruti van, being driven rashly and negligently, came from the opposite side and struck against the motorcycle leading to the death of Jalaluddin. In the claim petition filed by the wife and children of Jalaluddin it was claimed that the Maruti van had a number plate of DL-3CA-0467 whereas it's actual number was DL-3CA-4673. The claim petition was cont

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