$~19 & 20

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 30^th March, 2016

+

MAC.APP. 666/2014 & CM Nos. 11942-43/2014

ORIENTAL INSURANCE CO. LTD.

..... Appellant

Through:

Mr. Manoj Bhandari, Adv.

Versus

PADAM SINGH (NOW DECEASED )& ORS

..... Respondents

Through:

Mr. Rajeev Kumar & Mr. Saurabh

Kumar, Advs.

AND

+

MAC.APP. 674/2014

SHASHI & ORS.

..... Appellant

Through:

Mr. Rajeev Kumar & Mr. Saurabh

Kumar, Advs.

Versus

RAJ KUMAR& ORS

.... Respondents

Through:

Mr. Manoj Bhandari, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

JUDGMENT

R.K.GAUBA, J (ORAL):

1.

Padam Singh, aged 36 years, a self-employed person, died as a result

of injuries suffered in a motor vehicular accident that occurred at about

11.30 a.m. on 02.03.2009 involving truck bearing No. HR 38 J 3572 (the

offending vehicle) which was admittedly insured against third party risk

with the appellant insurance company (insurer) for the period in question.

His dependant family members (first to sixth respondents in MAC Appeal

No. 666/2014 and appellants in MAC Appeal No. 674/2014) took over the

claim petition which was originally filed by Pad