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2014 Supreme(Online)(Chh) 94

CHHATTISGARH HIGH COURT
, J
Neelima Yerma and Another v. Dileshwar Kenwat and Others


Advocates:
For the Appellants/Petitioners: Mr. Abhishek Sinha, Mr. G.S. Patel
For the Respondents: Mr. Qamrul Aziz, Mr. G.V.K. Rao

1. This order shall govern disposal of above two appeals, as they arise out of one and the same accident, claim case and award and common questions of law and facts are involved therein. The appeals were heard analogously and being decided by this common order.

2. Feeling dissatisfied with the impugned award dated 11.4.2013 passed by First Motor Accidents Claims Tribunal, Bilaspur (henceforth 'the Claims Tribunal') in Claim Case No. 210 of 2010, Miscellaneous Appeal (C) No. 781 of 2013 has been filed by National Insurance Co. Ltd. challenging the liability fastened upon it, whereas Miscellaneous Appeal (C) No. 684 of 2013 has been filed by the claimants challenging the finding of contributory negligence as well as seeking enhancement of the amount awarded under the impugned award.

3. The facts in nutshell, necessary for adjudication of the appeals, are as under.
3.1. In a motor accident occurred on 10.11.2009, Utkarsh Verma lost his life. On the fateful day, he was driving his car bearing registration No. CG 04 - H 0708 on Raipur - Bilaspur National Highway 200. His mother, late Anupama Verma, was also sitting in the car. On the way, near a petrol pump before Simga (Bilaspur), a goods































































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