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NIDHI GUPTA
Bhanmati – Appellant
Versus
Nitesh Kumar Khemka – Respondent
JUDGMENT
Nidhi Gupta, J.
CM 6055-CII/2020
Since there is delay of 40 days in refiling the appeal, aforesaid application has been filed seeking condonation of the said delay.
2. For the reasons stated in the application, the same is allowed and delay in refiling the appeal is condoned.
3. CM 6056-CII/2020
4. Since there is delay of 87 days in filing the appeal, aforesaid application has been filed seeking condonation of the said delay.
5. For the reasons stated in the application, the same is allowed and delay in filing the appeal is condoned.
Main Appeal
6. Present appeal has been filed by the claimant seeking enhancement of compensation of Rs.5,11,000/- granted by the Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as 'the Tribunal') vide Award dated 9.5.2019 passed in MACT case No.50/2018 under section 166 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as 'the Act'). Sole appellant before this Court is widow of the deceased, and claimants No. 2 to 4 are proforma respondents No. 3 to 5 herein, being major sons of the deceased Ram Chander.
7. Ld. Tribunal on appraisal of facts, pleadings and evidence on record held that the deceased had died due to injuries
In cases of motor accident compensation, the absence of evidence of contributory negligence by the deceased prevents a reduction in the compensation payable to the claimants.
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