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2018 Supreme(Del) 2700

SUNIL GAUR
MIRA DEVI – Appellant
Versus
MOHD KHALIL (IFFCO TOKIO GENERAL INSURANCE CO LTD. ) – Respondent


Advocate Appeared:
For the Appellant :Mr. S.N. Parashar, Advocate
For the Respondent:Mr. Arihant Jain & Ms. Shanta Devi Raman, Advocates

JUDGMENT :

1. Impugned Award of 29th July, 2017 grants compensation of Rs.5,10,636/- with interest @ 9% p.a. to legal heirs of deceased-Prateek Kumar, a Mechanic, aged 17 years and 11 months, on account of fatal injuries suffered by him in a vehicular accident, which took place on 21st March, 2014. In this accident, an Executive-Rahul, aged 16 years and 8 months, had also sustained injuries and vide separate Award of even date, he has been granted compensation of Rs.4,83,896/- with interest @ 9% per annum.

2. In the above-captioned appeals, the challenge by learned counsel for Claimants/injured is to impugned Awards on the ground that the finding of contributory negligence on part of deceased is unwarranted and that quantum of compensation granted by the Tribunal is inadequate. Since the impugned Awards arise out of one vehicular accident, therefore, with the consent of learned counsel for the parties, these 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 Awards, is as under:-

“Brief














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