NEW INDIA ASSURANCE CO LTD Vs. SARLA KUMARI

JUDGEMENT

(1.) By this common judgment, it is proposed to decide an appeal filed by M/s New India Assurance Company Limited being MAC.APP. No. 323/2008 as also an appeal filed by the legal representatives of the deceased Darshan Lal being MAC.APP. No. 248/2008. Both the appeals emanate from the judgment and award dated 2 nd February, 2008 of the Motor Accident Claims Tribunal, New Delhi passed in Suit No. 75A/1999 and seek to assail the same.

(2.) The aforesaid claim petition under Sections 166 and 140 of the Motor Vehicles Act, 1988 was initially filed at Jaipur but by orders of the Supreme Court dated 16.10.1998 was transferred to Delhi, and thereafter registered in the Motor Accident Claims Tribunal, Delhi.

(3.) Amended petition was filed on 24.07.2002 by which the coowner of truck No. DIG 3657 was impleaded as a party respondent and certain other typographical mistakes were corrected.