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2017 Supreme(Del) 296

SUNIL GAUR
SAURABH KUMAR GUPTA @ SAURABH GUPTA – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Advocates Appeared:
For the Appellant :Mr. S.P. Singh Chaudhary & Mr. Y.R. Sharma, Advocates
For the Respondent:Mr. Pankaj Seth, Advocate Mr. Akhilesh Kr. Sharma, Advocate

JUDGMENT :

1. The above captioned three appeals are directed against common impugned Award of 2nd August, 2008 vide which compensation of Rs.15,90,000/- and Rs.2,75,000/- with interest has been granted to Claimant- Dr. Saurabh Kumar Gupta on account of death of his wife, aged about 29 years and death of his minor daughter, aged about 2½ years, in a road accident on 24th May, 2005. The above captioned first appeal is by Claimant, who seeks enhancement of compensation, whereas above captioned second and third appeals are by the Insurer, who seeks to absolve itself from the liability to pay compensation by asserting that negligence was of the tractor-trolley driver and not of car driver and in the alternative, plea of contributory negligence has been put forth by the Insurer.

2. As per order of 26th February, 2009, in the above captioned first appeal and as per order of 29th May, 2012 in the above captioned second and third appeal, service is complete. Since these appeals arise out of common impugned Award of 2nd August, 2008, therefore, with the consent of learned counsel for the parties,











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