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2021 Supreme(P&H) 1461

SUDHIR MITTAL
New India Assurance Company Ltd. – Appellant
Versus
Meenakshi – Respondent


Advocates Appeared:
Mr. Rajesh Kumar Sharma, Advocate for the appellant, for the Appellant; Mr. M.S. Rana, Advocate for respondents No.1 to 4 Mr. Arun Luthra, Advocate for respondents No.5 and 6, for the Respondent

JUDGMENT

Sudhir Mittal , J. - A motorcycle accident took place on 08.08.2018 in the area of Gohana-Rohtak Highway. The motorcycle, being driven by Sunil son of Suresh collided with a Tractor-trolley resulting in his death. One Manoj son of Jagdish was also riding the motorcycle. He also lost his life and two separate claim petitions were preferred. The claim petition filed on account of death of Manoj son of Jagdish, has already been decided and no appeal has been filed against the award in the said case. The claim petition on account of death of Sunil son of Suresh has been decided by the instant Award dated 18.02.2020 and total compensation of Rs.17,83,600/- has been awarded payable with interest at the rate of 6 % per annum from the date of the petition till payment.

The present appeal has been preferred by the Insurance company. The only point raised and argued on its behalf is that rash and negligent driving by the driver of the tractor-trolley was not proved by the claimants and, thus, the Tribunal was in error in awarding compensation. In support of his case, learned counsel for the appellant has placed reliance upon Oriental Insurance Company Limited vs. Meena Variyal and oth

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