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VIVEK RUSIA
Oriental Insurance Co. Ltd. – Appellant
Versus
Asha Devi Potdar – Respondent
1. Both the miscellaneous appeals are arising out of the award dated 23.8.2016, passed in the Claim Case No.37/2006, hence, both the appeals are being decided co-jointly.
2. Miscellaneous Appeal No.3432/2006 has been filed by the Oriental Insurance Company challenging the quantum of compensation awarded in favour of respondents No.1 and 2 (claimants). The Miscellaneous Appeal No.3900/2006 has been filed by the claimants No.1 and 2 for enhancement of the compensation amount.
3. For disposal of these two appeals, the facts from Miscellaneous Appeal 3900/2006 are being taken which are as under :
4. On 22.9.2004, at about 2:15 p.m. near Yadav Dhaba Indore-Dhar Road, Gram Billor a Car bearing registration No.MP09/T-0363 had an accident with a Truck bearing registration No.MP09/K/5863. The said car was owned by non-appellant No.4 and driven by late Gauri Shankar. Both the Car and Truck were insured by Oriental Insurance Company. In the said accident Mr. Anil Mittal, Mrs. Mridula Mittal, Ku. Amrita Mittal and Mr. Vishal Potdar received grievous injuries and immediately they were t
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