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2018 Supreme(Del) 2595

SUNIL GAUR
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Prabhabati Devi – Respondent


Advocates Appeared:
For the Appellant :Mr. Navneet Kumar, Advocate
For the Respondent:Mr. Anshuman Bal, Advocate

JUDGMENT :

1. The above-captioned two cross appeals are directed against impugned Award of 19th April, 2017 vide which compensation of Rs.31,03,624/- with interest @ 9% per annum has been awarded to Claimants on account of death of a bank peon/attendant-Chander Kumar, aged 55 years. The above-captioned first appeal is by the Insurer to seek exoneration from paying compensation granted, whereas in the above-captioned second appeal, Claimants seek enhancement in the quantum of compensation granted by the Tribunal. Since these two appeals arise out of common Award, therefore, both the appeals have been heard together and are being decided by this common judgment.

2. The factual background of this case, as noticed in the impugned Award, is as under:-

“Brief facts of the case are that on 17.10.2015 at about 10.00 AM, deceased alongwith Damanpreet Singh, Anish Sharma, Rahul and Vaibhav were going in car bearing registration No. DL-6CN-4727 which was driven by respondent No. 1 in a rash and negligent manner. When the car reached on GT Road Jalwehra Village, National Highway, it hit again








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