Delhi Court November 1987 Judgments
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The New India Assurance Co. Ltd. Vs. Lakhi Ram Prabhu Dayal and ors.
Court: Delhi
Decided on: Nov-02-1987
Reported in: II(1987)ACC554
S.B. Wad, J.1. This is an appeal filed by The New India Assurance Company Ltd., Respondent No. 3, against the award of the Motor Accidents Claims Tribunal, Delhi, dated 4-5-1983. The accident was caused by motor Cycle No. DHT-653 in which the claimant Suresh Mohan Chopra suffered fracture of right arm and was required to be hospitalised. He was admitted in Ganga Ram Hospital and operated there. The claimant claimed the compensation of Rs. 30,000/-. Opposing the claim petition the Insurance Company stated that Respondent No. 1 who was driving the vehicle at the time of the accident did not possess the valid license and the Insurance Company was, thereforee, not liable to pay the compensation. Respondent No. 1, the Driver and Respondent No. 2, the owner filed their written statements but thereafter absented from the proceedings and they were proceeded ex parte by the Tribunal.2. On going through the evidence the Tribunal came to the conclusion that the accident was caused due to rash and...
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