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2021 Supreme(Raj) 207

PRAKASH GUPTA
Hdfc Ergo General Insurance Company Ltd – Appellant
Versus
Khushi – Respondent


Advocates appeared:
Mr. Virendra Agarwal, Advocate, for the Appellant; Mr. Bhanu Prakash, Advocate, for the Respondent.

JUDGMENT

1. These two appeals arise out of the judgment and award dated 4.9.2018 passed by the Motor Accident Claims Tribunal, Ajmer (for short 'the Tribunal'), whereby the Tribunal awarded a sum of Rs. 6,68,820/- as compensation in favour of the claimant. One Appeal - S.B. Civil Misc. Appeal No. 5421/2018 has been filed by the Insurance Co. for modification of the judgment and award dated 4.9.2018, whereas another appeal - S.B. Civil Misc. Appeal No. 1074/2019 has been filed by the claimant for enhancement of compensation.

2. Alongwith the appeal no. 1074/2019, an application under Section 5 of the Limitation Act has also been filed. The said application is allowed for the reasons mentioned therein and the delay of 49 days in filing the appeal is condoned.

3. Claimant through her father filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of the injuries sustained by her in the motor vehicle accident which occurred on 1.7.2014.

4. At the very outset, learned counsel for the Insurance Co. has submitted that claimant was 11 years of age. At the time of the accident which took place on 01.07.2014, 8 persons were sitting in the Car, but

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