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2019 Supreme(P&H) 719

AVNEESH JHINGAN
Oriental Insurance Company Ltd. – Appellant
Versus
Dharambir – Respondent


Advocates Appeared:Mr. Lalit Garg, Advocate for the appellant in FAO-4984-2016 for respondent No.3 in FAO-459-2017.
Mr. Rajiv Saini, Advocate for respondents No. 1 to 3 in FAO-4984-2016 for the appellants in FAO-459-2017.
Mr. B.K. Bagri, Advocate for respondent No. 5 in FAO-4984-2016 for respondent No. 2 in FAO-459-2017.

JUDGMENT

Mr. Avneesh Jhingan, J. (Oral):- This order shall dispose of above mentioned two appeals. Both the appeals are arising out of one accident and same award, hence, these are being decided by a common order.

2. The award dated 31.05.2016 passed by Motor Accident Claims Tribunal, Karnal (for short ‘the Tribunal’) in MACT case No. 04/2015 has been assailed by the Insurer of Tractor Trolley bearing registration No. HR-05T-1096 (for short ‘the offending vehicle’) and by the claimants.

3. In the appeal filed by the Insurer, the grievances raised are: that the driver of the offending vehicle was having licence to drive heavy transport vehicle whereas he was driving tractor trolley which comes under the category of Light Motor Vehicle (LMV). The insurer is also aggrieved of the quantum of the compensation awarded by the Tribunal.

4. In the appeal filed by the claimants, they are seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’).

5. The bare facts necessary for adjudication of both the appeals are



















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