P.SAM KOSHY
Sunil Chandrakar S/o Kunj Lal Chandrakar – Appellant
Versus
Mohd. Saleem S/o Mohd. Anwar – Respondent
1. These are two appeals filed by the owner and driver of the Truck bearing registration No.CG-04-G-8269, which met with an accident on 04.03.2013 and as a result of which one Vikas Gupta sustained grievous injuries to which he later succumbed and one Mohd. Salim received injuries.
2. The legal representatives of the deceased Vikas filed a claim case No.50 of 2013 which came up for decision before the 3rd Additional Motor Accident Claims Tribunal, Raipur whereas, the injured himself filed a claim case before the Additional Motor Accidents Claims Tribunal, Raipur which was registered as Claim Case No.47 of 2014. Vide the two awards, the Tribunal concerned had allowed the claim applications and ordered for payment of compensation of Rs.11,00,000/- with interest @ 7.5 percent per annum in case of death of Vikas Gupta in claim case No.50 of 2013. So far as the case of injured Mohd. Salim is concerned, the Tribunal has awarded compensation of Rs.1,69,128/- with interest @ 7 percent per annum. While passing the awards, the two Tribunals have in claim case No.50 of 2013 ordered pay and recover by applying the principle of Pay and Recover whereas, in claim case No.47/2014 the Tribuna
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