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2021 Supreme(Raj) 341

VINIT KUMAR MATHUR
Jaspreet Kaur – Appellant
Versus
C. Karthi – Respondent


Advocates appeared:
Mr. Rakesh Matoria, for the Appellant; Mr. Anil Kaushik, for the Respondent.

JUDGMENT

1. With the consent of the parties, the present appeals are being heard and decided finally.

2. Both the aforesaid appeals shall stand decided by this common judgment as they arise out of the same accident.

3. The present appeals arise out of the Judgment and Award dated 15.02.2017 passed by the Judge, Motor Accident Claims Tribunal, Sri Karanpur, District Sri Ganganagar in Claim Case No. 36/2014 (Smt. Jaspreet Kaur & ors. Vs. C. Karthi & ors.) vide which the Tribunal awarded a total sum of Rs. 26,37,000/- along with interest @ 7.5% per annum as compensation under various heads in favour of the appellants-claimants in CMA No. 2526/2017.

4. CMA No. 2526/2017 has been filed by the claimants seeking enhancement of compensation amount awarded by the Tribunal, whereas, CMA No. 1367/2017 has been filed by the non-claimant -Insurance Company of the subject truck assailing the validity of the Judgment dated 15.02.2017 on the ground of contributory negligency of both the vehicles involved in the present case.

5. A claim petition was filed by the claimants (appellants in CMA No. 2526/2017) before the Tribunal stating that on 20.06.2010, the deceased while driving Maruti Car bearing Regis

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