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2020 Supreme(SC) 25

A.M.KHANWILKAR, DINESH MAHESHWARI
National Insurance Company Limited – Appellant
Versus
Birender – Respondent


Advocates Appeared:
For the parties:Amit Kumar Singh, K. Enatoli Sema, Amith J., Gaurav Prakash, Abha R. Sharma, Advocates

JUDGMENT :

A.M. Khanwilkar, J.

1. Delay condoned.

2. Leave granted.

3. These civil appeals emanate from the common judgment and order dated 8.8.2018 passed by the High Court of Punjab and Haryana at Chandigarh (for short, ‘the High Court’) in cross appeals being F.A.O. Nos. 1341 of 2016 (O&M) and 4023 of 2016 (O&M), questioning the correctness of the award dated 4.12.2015 passed by the Motor Accidents Claims Tribunal, Jind (for short, ‘the Tribunal’) in M.A.C.T. Case No. 205 of 2014. The former appeal (arising out of S.L.P.(C) No……/2020 @ Diary No. 47693/2018) has been preferred by the insurance company and the latter appeal (arising out of S.L.P. (C) No……./2020 @ Diary No. 17683/2019) by the claimants-respondent Nos. 1 and 2. The parties are referred to as per their status in the former appeal for the sake of convenience.

4. The claim petition was filed by the respondent Nos. 1 and 2 herein, who are the major sons of Smt. Sunheri Devi (deceased). The deceased was on her way to attend the office of Tehsildar, Uchana (where she was working as a Peon) from Dharoli Khera village on 20.10.2014 at about 9.00 a.m., travelling as a pillion rider on a motorcycle bearing No. HR-32-G-8749. At tha


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