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MAC.APP.No.591/2009
Date of Decision: 10th March, 2010 NATIONAL INSURANCE CO. LTD. ..... Appellant
Through Mr.Mirza Alam Beg for Ms. Sonia Sharma, Adv.
Through Mr. Atul R. Adv. for R-1 & 2.
Ms. Shashi Thakur, Adv. for R-3.
JUDGMENT
1. Whether Reporters of Local papers may NO be allowed to see the Judgment?
2. To be referred to the Reporter or not? NO
3. Whether the judgment should be NO reported in the Digest? JUDGMENT (Oral) CM No.17440/2009(Delay)
1. For the reasons stated in the application, the delay in filing the appeal is condoned.
2. The application stands disposed of. MAC.APP.No.591/2009
1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.12,73,000/has been awarded to the claimants. 2010:DHC:1400
2. The accident dated 15th March, 2005 resulted in the death of Deepak Bhatt. The deceased was survived by his parents, who filed the claim petition before the learned Tribunal.
3. The offending vehicle was owned and driven by respondent No.3 who has admitted before this Court on 16th December, 2009 that the offending vehicle was not insured at the time of the accident. In that view of the matter, the appellant could not be held liable in the present case.
4. The learned counsel for respondent No.3 does not dispute of the vehicle was not insured at the time of the accident.
5. The appeal is allowed and the impugned award is modified to the extent that appellant shall not be liable to pay the award amount to the claimants. Respondent No.3 shall be liable to pay the entire award amount along with interest thereon to claimants/respondents No.1 and 2.
6. Copy of this order be given ‘Dasti’ to learned counsel for the parties under signatures of Court Master. CM No.17439/2009 The application does not survive and is disposed of. J.R. MIDHA, J MARCH 10, 2010 HL