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2018 Supreme(P&H) 4264

REKHA MITTAL
Bhagwant Ram – Appellant
Versus
Charanjeev Jalged – Respondent


Advocates Appeared:
R.S. Bains for Mr. Vijay Sharma, Advocates, for the Appellant in FAO No. 5743 of 2016 and for respondents No.3 in FAO No.5361 of 2017; Akshay Kumar Goel, Advocate, for the Appellant in FAO No. 5361 of 2017 and for Respondent No.2 in FAO No.5743 of 2016; Sandeep Suri, Advocate, for the Insurance Company; Subhash Goyal, Advocate, for the Respondent-Driver

JUDGMENT

Rekha Mittal, J. (Oral) - This order will dispose of FAO Nos.5743 of 2016 and 5361 of 2017 as these have emerged out of the same award dated 24.08.2015 passed by the Motor Accidents Claims Tribunal, Chandigarh whereby compensation has been awarded on account of death of Gopal Ram out of use of car No.CH-01-AG-8485.

2. FAO No.5743 of 2016 has been filed by one of the claimants seeking enhancement of compensation whereas the other appeal has been filed by registered owner of the aforesaid car.

3. Counsel for the claimant would argue that compensation assessed by the Tribunal is on lower side and needs enhancement.

4. Counsel representing respondent No.2 in FAO No.5743 of 2016 and appellant-Sanjeev Kathuria in FAO No.5361 of 2017 has assailed quantum of compensation assessed by the Tribunal. It is argued that application for compensation has been filed by elder brothers of the deceased, aged 45 years and 36 years and both of them were not dependent on income of the deceased. It is further argued that one of the claimants Bhagwant Ram appeared in the witness box and in his

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