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ANIL KSHETARPAL
New India Assurance Company Limited – Appellant
Versus
Savita Devi – Respondent
| Table of Content |
|---|
| 1. conclusion and dismissal of appeals. (Para 5 , 18 , 19) |
| 2. claim petition for death due to accident. (Para 6 , 7) |
| 3. contentions regarding contributory negligence. (Para 9 , 10) |
| 4. court's analysis on negligence and income assessment. (Para 11 , 12 , 13 , 14) |
| 5. award of loss of consortium. (Para 15 , 16 , 17) |
Judgment
Mr. Anil Kshetarpal, J. (Oral):- CM-2636-CII-2020 in FAO-1051-2020
For the reasons stated in the application, which is duly supported by an affidavit, delay of 26 days in filing the present appeal is condoned.
2. Application is allowed.
CM-3553-CII-2020 in FAO-1298-2020
3. For the reasons stated in the application, which is duly supported by an affidavit, delay of 42 days in filing the present appeal is condoned.
4. Application is allowed.
Main cases
5. By this order, two appeals bearing FAO-1051-2020 and FAO-1298-2020 filed by the Insurance Company as well as claimants against a common judgment of the Tribunal shall stand disposed of.
6. On account of death of late Sh. Satish Kumar in a motor vehicular accident, a claim petition was filed under Sections 166 /140 of the MOTOR VEHICLES ACT , 1988 by widow, three minor children and aged parents.
7. Learned Motor
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