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2018 Supreme(Del) 2597

SUNIL GAUR
National Insurance Co. Ltd. – Appellant
Versus
Anil Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. Sameer Nandwani, Advocate
For the Respondent:Mr. S.N. Prashar, Advocate

JUDGMENT :

1. Impugned Award of 9th February, 2017 grants compensation of Rs.8,47,100/- with interest @12% per annum to three wheeler driver-Anil Kumar, aged 47 years, on account of grievous injuries suffered by him in a vehicular accident, which took place on 28th October, 2014.

2. In the above captioned first appeal, Insurer seeks exoneration from paying awarded compensation on the ground that the insured bus was not having a valid permit. In the above captioned second appeal, enhancement of compensation is sought by claimants. Since both the appeals arise out of common award, therefore, with the consent of learned counsel for the parties, both the appeals have been heard together and are being decided by this common judgment.

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

“Briefly the facts of the case are that on 28.10.14 at about 10 o'clock, the petitioner boarded the bus bearing No. UP 8 E 9207 from Gajrola Chopla to Delhi Anand Vihar and driver of the said bus was driving the bus in a very fast and uncontrollable speed, in rash and ne
















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