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2021 Supreme(Del) 1170

SANJEEV SACHDEVA
Magma Hdi General Insurance Co Ltd. – Appellant
Versus
Meena Kumari @ Meenu – Respondent


Advocates appeared:
Mr. Ved Vyas Tripathi, Advocate, for the Appellant; Mr. Pratap Singh and Mr. Arun Yadav, Advocates, for the Respondent

JUDGMENT

Sanjeev Sachdeva, J.:--(Oral)

CM. Appl. 28779/2021 (for release of amount by R-1)

1. Issue notice. Notice is accepted by learned counsel for the appellant.

2. Learned counsel for the parties pray that the appeal be taken up for hearing today.

3. In view of the above, the application is disposed of. The appeal is taken up for hearing today. The next date of 29.09.2021 is cancelled.

MAC. APP. 122/2020

1. Appellant impugns award dated 02.12.2019, whereby claim petition has been allowed and compensation awarded.

2. The only ground of challenge by the appellant to award is towards award of sum of Rs. 1,50,000/- under the head of ‘loss of love and affection to children and parents of the deceased. There is no challenge to the factum of the accident, negligence or the quantum apart from the above.

3. The deceased was coming on his motorcycle from Dhansa Border village Badli side. A Tata Canter being driven in a rash and negligent manner by its driver, hit the motorcycle, as a result of which, the deceased fell down on the road, sustained fatal injuries and died at the spot.

4. The Tribunal has found the driver of the offending vehicle to be rash and negligent and accordingly held the drive

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