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2016 Supreme(UK) 724

SERVESH KUMAR GUPTA
Bhupender Singh – Appellant
Versus
Bimla Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Lalit Miglani
For the Respondents: Mr. Sandeep Kothari, Mr. T.A. Khan

JUDGMENT :

Servesh Kumar Gupta, J.

Having heard learned Counsel of all concerned, it transpires that both these appeals have arisen out of the same judgment and order dated 22.12.2009, whereby the learned Tribunal while granting the award of Rs. 5,80,000/- odds along with 7 per cent per annum interest from the date of presentation of claim petition, viz. 26.11.2007, has though fastened the liability upon the insurance company, but with a right to recover the same from the vehicle owner Bhupender Singh, who has preferred the AO No. 99/2010 seeking to ward off his liability to reimburse to insurer.

2. On the other hand, claimants, who are the mother, widow and minor children of the deceased, have preferred the AO No. 73/2010 for enhancement of the compensation.

3. I have heard learned Counsels of all concerned and deem it fit to adjudicate both these appeals by way of this single judgment.

4. Accident occurred on 12.9.2007 by truck no. UP10B-6783 when the deceased Gabbar Singh was bicycle ridden. He was dashed by the truck and on account of the injuries suffered by him in such accident, passed away.

5. Learned Counsel on behalf of the claimants has drawn the attention that learned Tribunal








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