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2023 Supreme(Del) 2284

REKHA PALLI
Reliance General Insurance Co. Ltd. – Appellant
Versus
Anjali – Respondent


Advocates appeared:
A.K. Soni, Advocate, for Reliance General Insurance Co. Ltd.
Pawan Kawrani & Jitesh Talwani, Advocates with R1/P1 in person for Anjali.

JUDGMENT

Rekha Palli, J. (Oral)

1. These two appeals, both under Section 173 of the Motor Vehicles Act assail the award dated 13.04.2018 passed by the learned Motor Accident Claims Tribunal, (Shahadara), Karkardooma Courts, New Delhi in MAC No.1036/2016. Vide the impugned award, learned Tribunal has awarded a compensation of Rs.27,74,000/- with interest @ 9% p.a. in favour of the claimants. While the insurance company seeks reduction of the compensation by way of MAC APP. 561/2018, the claimants seek enhancement of compensation by way of MAC. APP 740/2018.

2. Soni, learned counsel for the insurer submits that the learned Tribunal has erred in awarding compensation without appreciating the fact that the evidence led by the appellant to show negligence on the part of the driver of the insured vehicle was not reliable and therefore, could not be relied upon. He submits that once there was no independent witness to prove the negligence of the driver, the impugned award is liable to be set aside.

3. On the other hand, learned counsel for the claimant, by drawing my attention to the findings in the impugned award qua the negligence of the driver of the insured vehicle, submits that t

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