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2020 Supreme(SC) 704

Anita Sharma – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Aditya Singh, Advocate
For the Respondent:Rameshwar Prasad Goyal, Advocate

Judgement Key Points

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JUDGMENT :

SURYA KANT, J.

1. Leave Granted.

2. These two appeals, which have been heard through video conferencing, are directed against the judgment dated 23.07.2018 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur whereby the first appeal preferred by the New India Assurance Co. Ltd. (Respondent No. 1) against the Motor Accident Claims Tribunal's (hereinafter, "Tribunal") award dated 01.09.2012 was allowed and the Claim Petition was rejected, whereas the appeal filed by the appellant-claimants for enhancement of compensation was consequently dismissed.

Facts:

3. Sandeep Sharma (deceased), was a resident of District Sikar in Rajasthan. He was travelling in a car bearing registration no. UP 65 AA 7100 from Ghazipur to Varanasi (Uttar Pradesh) on the night of 25.03.2009 along with his friend Sanjeev Kapoor (Respondent No. 2) and two other occupants. Sanjeev Kapoor, who was also its owner, was driving the car when at about 10:20PM near village Atroli, a truck coming from the opposite side struck the car as a result of which all the occupants suffered injuries. Sandeep along with the other injured-occupants was rushed to the District Hospital in Ghazipur at around 11:5


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