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2018 Supreme(Del) 2704

SUNIL GAUR
ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
GANGA SARAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.K. Soni, Advocate
For the Respondent:Mr. Ghanshyam Thakur, Advocate

JUDGMENT :

1. Impugned Award of 25th August, 2015 grants compensation of Rs.3,37,493/- with interest @ 9% per annum to Ganga Saran (hereinafter referred to as the “Injured”), aged 45 years, on account of grievous injuries suffered by him in a vehicular accident, which took place on 4th February, 2009.

2. In the above captioned first appeal, The Oriental Insurance Company Limited (henceforth referred to as the “Insurer”) seeks recovery rights against driver and owner of Insured vehicle, whereas in the above captioned second appeal, enhancement of compensation is sought by the Injured-Ganga Saran.

3. Since both the appeals arise out of common impugned 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. The factual background of this case, as noticed in the impugned Award, is as under:-

“As per case of petitioner, on 04.02.2009, he was returning to his house from Jharoda on his motorcycle having registration number DL 8SNC 2044. He was driving the said bike with due care and cau











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