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2016 Supreme(Chh) 529

DEEPAK GUPTA
Sunil Prasad – Appellant
Versus
Sanjeev Kumar Sahu – Respondent


Advocates:
Advocate Appeared:
For the Claimants :Shri R.K. Pali, Advocate
For the Respondent:Shri Dashrath Gupta, Advocate

JUDGMENT :

Deepak Gupta, J.

1. These two appeals are being disposed of by one judgment since both the appeals arise out of one award dated 08.08.2006 passed by the First Additional Motor Accidents Claims Tribunal, Bilaspur (for short "the Tribunal") in Claim Case No. 103 of 2006.

2. The undisputed facts are that on 28.11.2005 Claimant No. 1 – Sunil Prasad was driving his motorcycle. It is alleged that one Tractor bearing registration No. CG-11A/3063 along with Trolley No. CG-11A/3064 came from behind in high speed and hit the motorcycle. Due to the accident, Claimant – Sunil Prasad suffered injuries and his wife Rajkumari unfortunately died. Two claim petitions were filed, one for the personal injuries suffered by Sunil Prasad and one on account of the death of his wife Rajkumari. As far as claim petition of Sunil Prasad is concerned, he was awarded compensation. He had also filed an appeal for enhancement of the compensation before this Court. The Insurance Company had also challenged the award passed in favour of Sunil Prasad with regard to his injuries. The appeal filed by Su













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