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1998 Supreme(Del) 265

USHA MEHRA
LADO DEVI – Appellant
Versus
SATVIR SHARMA – Respondent


Advocates Appeared:
O.P.GOYAL, S.K.Paul

Usha Mehra, J.

( 1 ) SINCE both the appeals have arisen from the same award and the point involved are common, hence these appeals are taken up together and disposed by this order. In FAO No. 231/83 appeal is preferred against the award of the Tribunal by the claimants and in FAO No. 274/83 award has been challenged by the owner of the vehicle which according to claimants caused the accident.

( 2 ) IN FAO No. 231/83 appellants Lado Devi and Others i. e. LRs. of deceased have assailed the award of the Motor Accident Claims Tribunal (in short the Tribunal) on the grounds namely that (1) Dependency loss as assessed by the Tribunal is on the lower side; (2) That 20% deduction on account of lump sum payment is against law; (3) Interest ought to have been awarded from the date of the institution of the claim petition; and finally (4) the Insurance Company s liability was unlimited, whereas the Tribunal limited it to Rs. 50,000. 00. And in the FAO. No. 274/83 the owner of the offending vehicle has challenged the award primarily on the ground that his vehicle was not involved in the accident nor its driver was negligent. That compensation awarded is on higher side.

( 3 ) IN order to apprec












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