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2022 Supreme(All) 1234

SARAL SRIVASTAVA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Pushpa Rani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Saurabh Srivastava
For the Respondent: Dharmendra Kumar Gupta, Kiran Gupta

JUDGMENT :

1. Heard learned counsel for the appellant-insurance company and learned counsel for the claimants/respondents.

2. Since, these two appeals are arising out of same accident and involve common issues, therefore, both the appeals are being decided together with this common judgement.

3. For convenience, the facts are being delineated from F.A.F.O. No.1177 of 2022.

4. The F.A.F.O. No.1177 of 2022 has been preferred Reliance General Insurance Company challenging the award dated 28.09.2013. F.A.F.O. No.3233 of 2019 has been preferred by the claimants challenging the award dated 28.09.2013 on the ground that finding of the Tribunal that there was contributory negligence of the deceased in the accident is illegal and compensation awarded by the Tribunal is not adequate.

5. The facts of the case are that one Dr. Rajendra Singh on 07.07.2010 at about 10:00 P.M. was standing near his house waiting for rickshaw when he was hit by Tempo No.U.P.-15-W-9707 driven by its driver rashly and negligently. In the said accident, Dr. Rajendra Singh suffered injuries and lateron died during treatment at Subharti Hospital, Meerut. Further case of the claimants in the claim petition is that the decea

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