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2018 Supreme(Del) 2701

SUNIL GAUR
SHRIRAM GENRAL INSURANCE CO LTD. – Appellant
Versus
PRAVEEN KUMAR – Respondent


Advocate Appeared:
For the Appellant :Mr. Pankaj Singh Thakur, Advocate
For the Respondent:Mr. Shekhar Aggarwal, Mr. Suresh Kumar and Mr. Ishan Kumar, Advocates

JUDGMENT :

1. The above captioned two appeals are directed against Award of 7th April, 2017 vide which compensation of Rs.9,41,672/- with interest @ 9% per annum has been awarded to legal heirs of deceased-Raj Kumari, a Caretaker, aged 57 years, who had died in a vehicular accident on 31st October, 2016.

2. In the above captioned first appeal, the Insurer seeks reduction of quantum of compensation granted, whereas in the above captioned second appeal, enhancement of compensation is sought by Claimants.

3. Since these two appeals arise out of common Award of 7th April, 2017, therefore, both these appeals have been heard together and are being decided by this common judgment. The facts as noted in opening paragraphs of the impugned Award are as under:-

“Briefly the facts of the case are that on 31.10.16, deceased was standing near the bus stand Ambedkar College for going towards her house at about 6:30 PM. In the meanwhile, the offending vehicle TATA ACE No. DL 1 LM 6481 came from the side of Gol Chakkar and going towards the Wazirabad. Driver of the said offending vehicle was drivin







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