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2021 Supreme(P&H) 351

SUDHIR MITTAL
New India Assurance Co. Ltd. – Appellant
Versus
Seema Gandhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Radhika Suri, Sr. Advocate with Mr. Neeraj Khanna, Advocate and Mr. Manpreet Kanda, Advocate
For the Respondent:Mr. Ashwani Arora, Advocate

JUDGMENT :

Sudhir Mittal, J.

1. The Insurance Company is in appeal against award dated 07.12.2017 passed by the Motor Accident Claims Tribunal, Chandigarh awarding compensation of Rs. 2,99,839/- to the claimant alongwith interest @ 7% p.a. from the date of filing of the claim petition till realization.

2. The facts in brief are that a motor accident took place on 14.10.2011. The claimant – Seema Gandhi was riding an Activa scooter which was hit by Honda City car near House No. 3062, Sector 20-D, Chandigarh. As a result, claimant sustained injuries. No FIR was registered against driver of the vehicle, however, DDR dated 16.10.2011 Ex. P-53 was recorded. The claimant filed a petition under Section 163-A of the Motor Vehicles Act 1988 (hereinafter referred to as 'the Act') wherein compensation of Rs. 1,09,000/- was awarded vide award dated 19.11.2013. The same was challenged in FAO No. 1815 of 2014 which was allowed vide judgment dated 06.04.2015 on the ground that the claim petition under Section 163-A of the Act was not maintainable as income of the claimant was much more than Rs. 40,000/- p.a. Consequently, the present petition was filed under Section 166 of the Act and the same has b

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