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2023 Supreme(P&H) 1778

HARPREET SINGH BRAR
New India Assurance Company Ltd. – Appellant
Versus
Gurdeep Kaur – Respondent


Advocates appeared:
For the Parties : Mr. Rajneesh Malhotra, Mr. Amit Jaiswal

Judgment

Mr. Harpreet Singh Brar, J.

The above referred two appeals have arisen out of a common award dated 14.07.2016 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as ‘the Tribunal’ for short) and the same are being disposed of by this common judgment.

2. The case bearing FAO No.6455 of 2016 has been filed by the Insurance Company for setting aside the aforesaid award of the Tribunal whereas FAO No.344 of 2017 has been filed by the claimants seeking enhancement of compensation awarded to them.

FACTUAL BACKGROUND

3. Facts are being taken from FAO-6455-2016 for ready reference:-

4. Succinctly, the facts of the case are that on 20.04.2015, Harjit Singh Dhandi (since deceased) had visited his native place i.e. Village Tasoli for filling sand at his ancestral home for which purpose he had asked for a tractor-trolley from his friend namely Prem Singh (respondent No.6) to lift sand from his fields. Since Prem Singh was unwell, he sent Swaran Singh-respondent No.4 to lift the sand. At about 10:30 A.M., Swaran Singh was reversing the tractor-trolley to du

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