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2020 Supreme(P&H) 51

REKHA MITTAL
Cholamandalam Ms General Insurance Company Limited – Appellant
Versus
Rattan Kumar – Respondent


Advocates Appeared:
Rajneesh Malhotra, Advocate, Ashish Yadav, Advocate, R.K. Dhiman, Advocate

JUDGMENT

Rekha Mittal, J. - This order will dispose of FAO Nos. 3756, 4283 and 4357 of 2015 as these have emerged out of the same award dated 27.1.2015 passed by the Motor Accidents Claims Tribunal, Gurgaon whereby compensation has been assessed to the tune of Rs. 44,37,976/- in respect of injury sustained by Rattan Kumar in a motor vehicular accident that took place on 21.8.2013.

2. Fao No. 3756 of 2015 has been filed by M/s Cholamandalam Ms General Insurance Company Limited (hereinafter referred to as "the insurance company"), FAO No. 4283 of 2015 by claimant whereas FAO No. 4357 of 2015 has been filed by Joginder Yadav-owner of offending vehicle

3. For facility of reference, Rattan Kumar shall be referred to as the claimant and Joginder Yadav as the appellant.

4. Counsel for the insurance company has assailed the award primarily on two counts. It is argued that compensation assessed by the Tribunal is on extremely higher side and merits modification on the basis of materials on record. To bring home his contention, he has submitted that claimant did not examine a witness to p

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