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2021 Supreme(HP) 694

SANDEEP SHARMA
Oriental Insurance Company Limited – Appellant
Versus
Kanta Thakur – Respondent


Advocate Appeared:
For the Appellant :Lalit K. Sharma and Dhananjay Singh, Advocates
For the Respondents:Lalit K. Sehgal, Munish Kumar Gupta and Dhananjay Singh, Advocates

JUDGMENT :

Sandeep Sharma, J.

1. Since both the appeals lay challenge to impugned Award dated 6.3.2019 passed by learned Motor Accident Claims Tribunal-III, Shimla, Himachal Pradesh in MAC RBT case 22-S/2 of 2018/2017 titled Smt. Kanta Thakur and another vs. Raj Sharma and others, same were heard together with the consent of the parties and are being disposed of vide instant common judgment.

2. Vide FAO No. 237 of 2019, appellant-insurance company has laid challenge to impugned Award as detailed herein above, whereby learned Tribunal below, while allowing claim petition filed by respondents Nos. 1 and 2/claimants (hereinafter, 'claimants') saddled the appellant-insurance company with the liability to pay compensation to the tune of Rs. 15,42,000/- in favour of the claimants with interest at the rate 9% per annum from the date of filing of petition till realization, alongwith litigation costs of Rs. 5,000/-.

3. By way of FAO No. 233 of 2021, claimants have approached this court for enhancement of compensation amount awarded by learned Tribunal below.

4. For the sake of brevity and clarity, facts of FAO No. 237 of 2019 are being discussed herein.

5. Claimants filed a claim petition under S

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