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2019 Supreme(P&H) 1896

LISA GILL
Reliance General Insurance Company Ltd. – Appellant
Versus
Devi Kumari And Others – Respondent


Advocates Appeared:
Mr. Sanjeev Kodan, Advocate, for the appellant in FAO No.7515 of 2016 and for respondent No.3 in FAO No.3160 of 2018; Mr. Navkiran Singh, Advocate for respondents No.l to 3 in FAO No.7515 of 2016 and, for the appellants/claimants in FAO No.3160 of 2018; Mr. Vishal Yadav, Advocate for Mr. Ajay Ghangas, Advocate for respondents No.5 and 6 in FAO No.7515 of 2016 and for respondents No.l and 2 in FAO No.3160 of 2018

JUDGMENT

Lisa Gill. J. - This judgment shall dispose of FAO No.7515 of 2016 (Reliance General Insurance Co. Ltd. v. Devi Kumari and others) and FAO No.3160 of 2018 (Devi Kumari and others v. Faruk and others), which arise out of the impugned award dated 17.08.2016 passed by the learned Motor Accident Claims Tribunal, Panipat (hereinafter referred to as, the 'Tribunal').

2. FAO No.7515 of 2016 has been filed by the Insurance company seeking reduction of the compensation awarded to the claimants, whereas FAO No.3160 of 2018 has been filed by the claimants seeking enhancement thereof.

3. Brief facts necessary for the adjudication of the case are that, the claimants, who are the widow, minor children and mother of the deceased, filed a petition under Section 166 of the Motor Vehicles Act seeking compensation on account of death of Rohtash. It is pleaded in the claim petition that Rohtash died due to the injuries suffered by him in a motor vehicle accident which took place on 19.01.2013. FIR No.8 dated 19.01.2013 under Sections 279/304A IPC was registered against driver of the offend

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