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2018 Supreme(Del) 2634

SUNIL GAUR
Bharti Axa General Insurance Co. Ltd. – Appellant
Versus
Geeta Devi – Respondent


Advocates Appeared:
For the Appellants : Mr. Navneet Kumar, Mr. Vikas Bhadana.
For the Respondents: Mr. S.K. Tanwar, Mr. Sunil Sehgal, Mr. Manoj Bhandari.

JUDGMENT :

SUNIL GAUR, J.

1. The above captioned two appeals are directed against Award of 20th September, 2014 vide which compensation of Rs. 20,86,000/- with interest @ 9% per annum has been awarded to Claimants.

2. In the above captioned first appeal, appellant-Bharti AXA General Insurance Company Limited (henceforth referred to as the “Insurer”) seeks exoneration from paying the awarded compensation, whereas in the above captioned second appeal, the challenge is to the finding of contributory negligence returned by the Tribunal.

3. Since these two appeals arise out of common Award of 20th September, 2014, therefore, both these appeals have been heard together and are being decided by this common judgment. The facts as noted in the impugned Award are as under:-

“It is the case of petitioners that on 14.12.2012, the deceased Shri Bhagwan was travelling on his motorcycle bearing No. A/F and was going to police office at Palwal Haryana for official purpose. At about 9 a.m. when the deceased reached Aligarh to Palwal road near Sehol Chowk one car being driven in rash and negligent ma













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