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2023 Supreme(Del) 3257

GAURANG KANTH
Shiv Kali @ Bharti – Appellant
Versus
Shyam Narayan Yadav – Respondent


Advocates appeared:
Mr. Ashok Kumar Jha, Advocate, for the Appellant.
Mr. J.P.N. Shahi, Advocate, for R-3.

JUDGMENT

Gaurang Kanth, J.

1. Present appeal has been preferred by the Appellant/claimant to seek modification of the compensation awarded by the learned Motor Accidents Claims Tribunal, South District, Saket Courts, New Delhi (hereinafter referred to as "Claims Tribunal") vide the Award dated 03.10.2012 ("impugned Award") in Claim Petition No. 691/10 titled as Shiv Kali @ Bharti v. Shyam Narayan Yadav & Anr.

2. Vide the Impugned Award, the Appellant was awarded an amount of Rs.5,24,000/- as compensation towards the injuries sustained by her in an accident, with an interest @ 9% per annum against claimed compensation of Rs.10,00,000/-, from the date of filing of the suit till the payment is made by respondent No.3/Insurance Company - The Oriental Insurance Co. Ltd., with accrued interest thereon.

FACTS RELEVANT FOR ADJUDICATION OF THE APPEAL

3. Facts of the matter as recorded by learned Claims Tribunal in the impugned Award are as follow:

    "2. Briefly, the facts as stated in the petition are that on 18.09.06 at about 3.30 AM, the petitioner alongwith family and 15 workers who were employed with Gurubax Company was coming from Bidholi, Dehradun to Saket, New Delhi on a light goods ve




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