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2024 Supreme(Online)(DEL) 10561

HIGH COURT OF DELHI
HON'BLE MR. JUSTICE DHARMESH SHARMA
GAURAV KUMAR – Appellant
Versus
NIRMAL SINGH & ORS (NATIONAL INSURNACE CO) – Respondent


Advocates:
Ms. Sonal Singh, Adv.
Mr. N.K. Chauhan, Adv. for R-1 & R-2.

JUDGEMENT

1. The appellant/injured has preferred this statutory appeal under Section 173 of the Motor Vehicles Act, 19881 challenging the impugned judgment-cum-award dated 20.02.2018, whereby the learned Presiding Officer, Motor Accident Claims Tribunal2, Shahdara District, Karkardooma Courts has rejected his application seeking compensation filed in terms of Section 166 read with Section 140 of the M.V. Act.

2. Having heard the learned counsels for the rival parties at the Bar and on perusal of the record, I find that the present appeal is bereft of any merits.

3. Shorn of unnecessary details, a motor accident occurred on 16.02.2009 at about 6:30 AM near village Painga, PS Muradnagar, 1 M.V. Act 2 Tribunal Ghaziabad, for which, FIR No.67/2009 was registered under Sections 279/338/427 of IPC read with Sections 177/184 of the M.V. Act. The accident involved tractor trolly bearing registration No.HR-11B-1495 (Swaraj-730) and truck bearing registration No.HR-58A-3042 being driven by respondent No.1, registered in the name of respondent No.2 in the present appeal.

4. Admittedly, the offending truck was insured for third-party risks with respondent No.3.

5. It is relevant to n




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