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2024 Supreme(Raj) 130

REKHA BORANA
United India Insurance Company Limited – Appellant
Versus
Om Dutt S/o Banwari Lal Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jagdish Vyas.
For the Respondents: R.S. Choudhary, Nitin Trivedi.

ORDER :

1. Both these appeals arise out of the impugned judgment and award dated 30.06.2017 passed by Motor Accident Claims Tribunal, Bhadra, District Hanumangarh in Motor Accident Claim Case No. 46/2015 (48/2015).

S.B. Civil Misc. Appeal No. 2640/2017 has been preferred by the Insurance Company with a prayer to set aside the impugned judgment/award whereby an award for a sum of Rs. 7,82,080/- with interest @ 9% per annum has been passed in favour of the claimants whereas S.B. Civil Misc. Appeal No. 2875/2017 has been preferred by the claimants seeking enhancement of the compensation amount as awarded vide the impugned judgment/award.

2. Brief facts as per the claim petition are that on 25.09.2015, deceased Sanjay Kumar was travelling in Car No. RJ-49-CA-0646 driven by Manoj and owned by Jaideep from Bhadra to Khatushyamji. When they reached Kishangarh (Dhani Charnan), a cow came in front of car and as the car was driven rashly and negligently by its driver, the same could not be controlled and hence, overturned. As a result, the deceased fell out and being run over by the car, di

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