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2023 Supreme(J&K) 458

RAJNESH OSWAL
Oriental Insurance Company Ltd. – Appellant
Versus
Safia Begum – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amrit Sarin.
For the Respondent: J.P. Gandhi.

JUDGMENT :

RAJNESH OSWAL, J.

1. This batch of four appeals and cross-appeals arise out of a common award dated 20.09.2018 passed by the learned Motor Accidents Claims Tribunal, Rajouri (hereinafter referred to as “the Tribunal”) whereby claim petitions filed by four claimants for grant of compensation on account of the injuries suffered by them, in a road traffic accident on 17.08.2018 at Bawli, due to rash and negligent driving of offending vehicle (Matadoor) bearing Registration No. JK-02H-3429 by its driver, have been allowed.

2. The appellant/Insurance Company has impugned the awards in all the claim petitions on the ground that the learned Tribunal has not taken into consideration the medical record of the claimants in its right perspective and the disability of a particular portion of the body has been considered as the disablement of whole body while determining the compensation.

3. On the contrary, respondent No. 1/claimant in each appeal (appellants in respective cross-appeals) have impugned the award on the ground that just compensation has not been awarded to the claiman

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