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2012 Supreme(Raj) 2294

MAHESH CHANDRA SHARMA
United India Insurance Company Ltd. – Appellant
Versus
Archana Yadav – Respondent


Advocates:
For the Petitioner: Anant Bhandari, for Insurance Co.
For the Respondent: Aditya Mathur Counsel.

JUDGMENT

1. - Since both the afore said appeals arise out of the judgment and award dated 20-1-2006 passed by Tribunal, hence the arguments have been heard together and they are being decided by this common judgment.

2. Brief facts of the case are that on 4-11-2001, a Maruti Car No. RJ 01 C 6165 met with an accident with Trailer bearing No. RJ 01 G 2041, which was owned by Chand Mohammad and the same was being driven by himself at the time of accident. The accident took place near Kunda Ki Beri Sarhad Sri Nagar. The Maruti Car which was being driven by the deceased at the time of accident was burnt with a blast, result into the death of the deceased.

3. Thereafter claim petition was filed, m notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 5,67,523/- in favour of claimants and against the non-claimants.

4. The Insurance Company has filed the instant appeal challenging the quantum of compensation, while the claimants have filed the appeal for enhancement of compensation.

5. Learned counsel for the Insurance Company has contended that the learned tribunal has not considered the important fact an







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