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2023 Supreme(Del) 3044

NAVIN CHAWLA
United India Insurance Co. Ltd. – Appellant
Versus
Baby Raksha – Respondent


Advocates appeared:
Mr.Ravi Sabharwal, Advocate, for the Appellant.
Mr.Anshuman Bal, Advocate for R-1.

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed challenging the Award dated 31.10.2022 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal, West-01, Delhi (hereinafter referred to as the `Tribunal') in MACT Case no.77877/16, titled Baby Raksha (Minor) v. Sandeep Kumar & Ors.

2. By way of an application, being CM Appl. No. 34315/2023, the claimant, that is, respondent no.1 has filed the cross objection seeking enhancement of the amount awarded in her favour. The same is also being considered by this order.

3. It is not in dispute in the appeal or the cross objection that on 05.03.2016, the respondent no.1 alongwith her Mausi (mother's sister) was going on foot from Indra Market to her house when a Tata 407, driven rashly and negligently, came from behind at a very high speed and hit the respondent no.1, as a result of which she was seriously injured.

4. Dr.Naresh Chandra was examined as PW-2. In his statement, he stated that the respondent no.1 suffered from 68% Permanent Disability in relation to her right lower limb. He further stated that the disability suffered by the respondent no.1 is non-progressive and not

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