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2023 Supreme(Jhk) 1147

ANIL KUMAR CHOUDHARY
Magma HDI General Insurance Co. Ltd. – Appellant
Versus
Jageshwar Ram son of late Cholo Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Alok Lal, Mr. Santosh Kumar, Advocate

JUDGMENT :

By the Court :

1. Heard the parties.

2. Since both the appeals have arisen out of the same accident, hence, both these appeals are disposed of by this common judgment.

3. No one turns up on behalf of the respondents though notices have been validly served upon the respondents. Hence, both these appeals are heard ex-parte against the respective respondents.

4. M.A. No. 304 of 2019 has been preferred against the judgment and award dated 10.04.2019 passed by the Principal District Judge-cum-Presiding Officer-Motor Vehicle Accident Claims Tribunal, Koderma in Motor Accident Claim Case No. 02 of 2017 in respect of death of Mithlesh Kumar and M.A. No. 299 of 2019 has been preferred against the judgment and award dated 15.04.2019 passed by the Principal District Judge-cum-Presiding Officer-Motor Vehicle Accident Claims Tribunal, Koderma in Motor Accident Claim Case No. 03 of 2017 in respect of death of Sumitra Devi who is the wife of deceased- Mithlesh Kumar.

5. In Motor Accident Claim Case No. 02 of 2017, the learned Tribunal has awarded as sum of Rs.9,98,000/- with interest thereon at the rate of 9% per annum from the date of institution of the case i.e. on 10.01.2017 and directed

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