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2022 Supreme(Raj) 1468

ANOOP KUMAR DHAND
New India Assurance Company Limited – Appellant
Versus
Bhagirath Singh – Respondent


Advocates appeared:
Saddik Ahmed and Sanjay Singhal, Advocates., for the Appellant
Aditya Kumar, Devendra Sharma and Manoj Kumar Sharma, Advocates., for the Respondents

JUDGMENT

Anoop Kumar Dhand, J. - Both these appeals arise out of the impugned judgment dated 07.03.2018 passed by the Motor Accident Claims Tribunal & Additional District and Sessions Judge, Fatehpur Shekhawati, Sikar (hereinafter referred to as 'the Tribunal') in claim case No. 49/2016 (623/2015) by which the claim petition filed by the claimants was allowed ex parte. Insurance Company has submitted its appeal for setting aside the ex parte award while the claimants have submitted their appeal for enhancement.

Civil Miscellaneous Appeal No. 1189/2019:-

2. Counsel for the Insurance Company submits that initially the claim petition was submitted before the Motor Accident Claims Tribunal, Sikar, (for short, 'the Tribunal, Sikar') in which after notice, the appellant-Insurance Company appeared through counsel and counsel for the Insurance Company sought time to file reply on certain dates. Thereafter, the claim petition was transferred from the Tribunal, Sikar to the Tribunal, Fatehpur Shekhawati, Sikar vide order dated 22.11.2016 and the date for appearance before the Tribunal, Fatehpur Shekhawati, Sikar was fixed for 25.11.2016.

3. Counsel further submits that the brief holder of the co

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