SUDHIR AGARWAL, RAVINDRA NATH MISHRA II
National Insurance Company Limited, Lucknow – Appellant
Versus
Lavkush – Respondent
1. Sri Deepak Kumar Agarwal, learned counsel for appellant and Sri Anoop Kumar Srivastava, learned counsel for claimant-respondent no. 1. Both counsel for the parties requested that issue raised in this appeal is basically legal and there is no factual dispute, hence appeal may be heard at this stage on the basis of record of memo of appeal and decided finally as no useful purpose will be served by keeping it pending. Learned counsel for appellant also stated that award is not being challenged on the question, whether there was accident or not or that accident took place due to negligence of vehicle owned by Respondent 2. All these aspects are not being agitated and to this extent findings of Tribunal qua appellant are final. Appellant is confining relief in this appeal only on the quantum of compensation awarded to Claimant-Respondent 1.
2. Hence we proceed to decide this appeal after hearing learned counsel for parties at this stage.
3. This appeal has come up at the instance of National Insurance Company Limited (hereinafter referred to as the "Insurer") under Sect
Arun Kumar Agrawal vs. National Insurance Company Limited
Deepal Girishbhai Soni vs. United India Insurance Co. Ltd. 2004 (5) SCC 385
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Kalpanaraj vs. Tamil Nadu State Transport Corporation
Kunj Behari Lal Butail vs. State of H.P. 2000 (3) SCC 40
R.D. Hattangadi vs. M/s. Pest Control (India) Pvt. Ltd. 1995 (1) SCC 551
Sanjay Verma vs. Haryana Roadways
Shashikala vs. Gangalakshmamma
Smt. Manjuri Bera vs. The Oriental Insurance Company Ltd. AIR 2007 SC 1474
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