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2024 Supreme(Raj) 649

NARENDRA SINGH DHADDHA
Mamta Kumawat D/o Boduram – Appellant
Versus
Rajuram S/o Khiwaram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Akshat Choudhary, Adv.
For the Respondent: Mr. Ajay Kumar Tanenia, Adv.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 16.11.2021 passed by the Motor Accident Claims Tribunal, Sikar (for short ‘the Tribunal’) in Claim Case No.660/2015, titled as “Mamta Kumawat Vs. Rajuram & Anr.”, whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.3,36,000/- along with interest @ 7 % per annum from the date of filing the claim petition as compensation in favour of the claimant-appellant (for short ‘the claimant’). The Tribunal further directed that if the non-claimant Nos.1 and 2 fail to deposit the award amount within two months from date, the claimant would be entitled to get 12% interest per annum from the said date.

2. CMA No.774/2022 has been filed by the claimant seeking enhancement of compensation awarded by the Tribunal, whereas CMA No.478/2022 has been filed by the Oriental Insurance Company Limited (for short ‘the Insurance Company’) challenging the judgment & award passed by the Tribunal on the various grounds.

3. CMA No.774/2022-Learned counsel for the claimant submits that the Tribunal has wrongly assessed the income of the claimant as Rs.4,914/- per month. The cl

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