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2019 Supreme(Chh) 751

GAUTAM CHOURDIYA
RAJESH KUMAR GUPTA – Appellant
Versus
ANIL KUMAR JAISWAL – Respondent


Advocates Appeared:
Sunil Tripathi, Adv., Jitendra Shrivastava, Adv., Qamrul Aziz, Adv.

JUDGMENT

Gautam Chourdiya, J. - As both these appeals filed under section 173 of Motor Vehicles Act, 1988 arises out of the same accident occurred on 18/09/2010 involving vehicle Truck TATA ACE registration No. UP64 H 4541, in which the claimants suffered grievous injuries, they are being disposed of by this common judgment.

2. Both these appeals i.e. MAC No. 1109/2013 and MAC 1110/2013 have been preferred by the owner-driver of the vehicle under Section 173 of the Motor Vehicles Act, 1988 against the award dated 06/09/2013 passed by First Additional Motor Accident claims Tribunal, Ambikapur, Surguja (C.G.) in Claim Case No. 156/2011 related to MAC No. 1109/2013 awarding total compensation of Rs. 18,700/- with interest @ 7.5% per annum from the date of application till realization and in Claim Case No. 157/2011 related to MAC No. 1110/2013 awarding total compensation of Rs. 1,08,600/- with interest @ 7.5% per annum from the date of application till realization, in favour of claimants fastening liability on the non-applicant No. 1/owner-driver of vehicle and exonerated Insurance Company on the ground that at the time of accident non-applicant No. 1/owner-driver of offending vehicle R

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