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2023 Supreme(Del) 9

GAURANG KANTH
Raj Kumar @ Raju – Appellant
Versus
Suraj Mal – Respondent


Advocates Appeared:
For the Appellant : Mr. Vinod Mahla.
For the Respondents: Mr. Pankaj Gupta, Adv. for Ms. Suman Bagga.

JUDGMENT :

[Gaurang Kanth, J.]

1. This appeal has been filed by the Appellant to modify the compensation awarded vide the judgment dated 02.02.2013 (hereinafter referred to as the “Impugned Award”), by the MACT in Suit No. 239/11 titled as Sh. Raj Kumar @ Raju v. Sh. Suraj Mal & Ors. whereby the Appellant was awarded an amount of Rs.56,94,592/- (Rupees Fifty-Six Lakhs Ninety-Four Thousand Five Hundred and Ninety-Two only) as compensation with interest @7.5% per annum, from the date of filing the petition, i.e. 11.03.2011, till notice under Order XXI Rule 1 CPC is given by Respondent No.3/Insurance Company in favor of the Appellant and against the respondents on account of their liability being joint and several.

2. The facts germane to the present appeal as noted by the learned Claims Tribunal are as follows:

    “The case of the petitioner is that on 09/10/11 at about 2.45 p.m while the petitioner was alongwith his brother were present near Shri Ram Dharam Kanta, Rohtak Road, Delhi, in the meantime, the offending vehicle, a vehicle bearing No. HR-63B-1175(TATA-407) which was being driv

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