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HARPREET SINGH BRAR
Oriental Insurance Company Limited Jind – Appellant
Versus
Manjit Kaur – Respondent
| Table of Content |
|---|
| 1. circumstances of the accident and initial compensation details. (Para 4 , 5 , 6) |
| 2. arguments regarding insurance coverage and compensation assessment. (Para 7 , 8 , 9) |
| 3. liability of insurance company as it pertains to gratuitous passengers. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. court's analysis of the powers under order 41 rule 33 to provide just outcomes. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. final award of compensation and its calculation. (Para 27 , 28 , 29 , 30) |
Judgment
New Page 1Mr. Harpreet Singh Brar, J.
The Insurance Company through instant appeal bearing FAO No.405 of 2016 is seeking setting aside of the award dated 28.10.2015 passed by Motor Accidents Claim Tribunal, Panipat (in short ‘Tribunal’).
2. The claimant through instant appeal bearing FAO No.4548 of 2016 seeking enhancement of the compensation awarded vide award dated 28.10.2015 passed by the said Tribunal.
3. Both the appeals are arising out of the same award, therefore, both are being heard together and decided through a common judgment.
FACTUAL BACKGROUND
4. Brief facts of the present case are that on 16.02.2012 at about 5:00 PM, Sonu @ Mangat Singh son of Sukhvinder Singh @ Su
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