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2018 Supreme(Del) 2619

SUNIL GAUR
Seema Begum – Appellant
Versus
Arun Kumar Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajiv Ranjan Dwevedi, Advocate
For the Respondent:Mr. Deepak Jain, Advocate, Mr. Mohit Singh, Mr. Sudhir Nagar & Ms. Bhanu Sanoriya, Advocates, Mr. Animesh Sinha, Advocate

JUDGMENT :

1. The above captioned two appeals are directed against Award of 30th January, 2016 vide which compensation of Rs.13,05,000/- with interest @ 12% per annum has been awarded to Claimants, who are the parents of Javeria Mahmood, who had died in a vehicular accident on 23rd September, 2011.

2. In the above captioned first appeal, appellant-Claimant seeks enhancement of compensation granted, whereas in the above captioned second appeal, owner of the offending vehicle seek exoneration from paying the compensation granted by the Tribunal. Since these two appeals arise out of common impugned Award of 30th January, 2016, therefore, both these appeals have been heard together and are being decided by this common judgment. The facts as noted in impugned Award are as under:-

“The facts in brief as set up by the Petitioners in their Petition are that on 23.09.2011 at about 5.10 PM, deceased Ms. Javeria Mahmood was returning from college on her scooty. As she reached at Pushta Road towards Laxmi Nagar, a vehicle make Mahindra Champion (open body LGV) bearing registration number DL-1










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