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2021 Supreme(HP) 589

SANDEEP SHARMA
IFFCO TOKIO GENERAL INSURANCE CO. LTD. , NEAR SHIMLA PUBLIC SCHOOL, KHALINI, BYE PASS SHIMLA – Appellant
Versus
SHAKUNTALA W/O LT. SH. LAIQ RAM, R/O VILL. TAU, PO THAROLA, TEHSIL KOTKHAI, DISTT. SHIMLA, H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH.VIRENDER SHARMA, ADVOCATE, SH.VIRENDER SHARMA, ADVOCATE
For the Respondent:MR.MANISH DHATWALIA, ADVOCATE, MR.ASHISH VERMA, ADVOCATE, MR.MANISH DHATWALIA, ADVOCATE, MR.ASHISH VERMA, ADVOCATE)

JUDGMENT :

Since both the above captioned appeals are directed against the awards passed in the petitions pertaining to same accident, they were being taken up together for hearing with the consent of learned counsel representing the parties and are being disposed of vide this common judgment.

2. Instant appeals filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘Act’), lay challenge to Awards dated 31.12.2019 passed by learned Motor Accident Claims Tribunal, Shimla-(III) in case RBT Nos.24-S/2 of 2017 and 25-S/2 of 2017, whereby learned Tribunal below, while allowing the claim petitions, having been filed by the respondent No.1- claimant (hereinafter referred to as the ‘claimant’), held the appellant Insurance Company liable to pay compensation in the sum of Rs.14,98,000/- & Rs.6,30,028/- respectively with interest at the rate of 9% per annum from the date of filing of petitions till their realization, to the claimant, on account of death of her son Sanjay Kumar and husband Shri Laiq Ram, who unfortunately died in a road accident.

3. Precisely, the facts of the case, as emerge from the record, are that two petitions under Section 166 of the Act ca

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