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2023 Supreme(Del) 6016

NAVIN CHAWLA
Iffco Tokio General Insurance Company Ltd. – Appellant
Versus
Jogender – Respondent


Advocates appeared:
Mr.Brijesh Bagga, Advocate, for the Appellant.
Mr.S.N.Parashar, Advocate, for R-1.
Mr.Jatin Rajput, Mr.Rajesh Kr. Jha, Mr.Varun Panwar and Mr.Sandeep Kumar, Advocates, for R-3.
Mr.S.N.Parashar, Advocate, for the Appellant.
Mr.Jatin Rajput, Mr.Rajesh Kr. Jha, Mr.Varun Panwar and Mr.Sandeep Kumar, Advocates, for R-2.
Mr.Brijesh Bagga, Advocate, for R-3.

JUDGMENT

Navin Chawla, J. (Oral)

1. These cross appeals have been filed by the Insurance Company as also by the Claimant challenging the Award dated 14.02.2017 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal-01, (North), Rohini, Delhi (hereinafter referred to as the `Tribunal') in Suit no.4603/2016, titled Jogender v. Mohan Singh & Ors..

2. As two appeals challenge the same Award, they are being disposed of by this common judgment.

CHALLENGE TO THE IMPUGNED AWARD BY THE INSURANCE COMPANY:

3. As far as the Insurance Company is concerned, it challenges the Impugned Award on the following grounds:

a. That the learned Tribunal has erred in not granting a right in favour of the Insurance Company to recover the compensation paid to the claimant from the owner of the offending vehicle, that is, the crane bearing registration no.HR-55L-0590;

b. The learned Tribunal has erred in assessing the functional disability of the claimant as 100% to the whole body when he had suffered permanent disability of only 81% towards right lower limb;

c. That date of the accident was 24.03.2015, however, the learned Tribunal has adopted the minimum wages notifi

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