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2018 Supreme(SC) 283

DIPAK MISRA, A. M. KHANWILKAR
Mangla Ram – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants :- Rishabh Sancheti, Ms. Padma Priya, Anchit Bhandari, P. V. Saravana Raja, Advocates.
For the Respondents:- Jaideep Singh, Ms. Aishwarya Bhati, Dr. Nupur Bhati, Ms. Chitrangada R., T. Gopal, Ms. Vaidruti Mishra, Vishwajeet Singh, Ms. Tanuja Patra, Ms. Ritu A., Amit Verma, Dasharath Singh, Ajay Pal, Advocates.

JUDGMENT

A.M. Khanwilkar, J.

In the present appeals, the appellant/claimant has challenged the judgment dated 5th January, 2017 passed by the High Court of Judicature for Rajasthan, Jodhpur Bench, in SB Civil Miscellaneous Appeal Nos.273 of 2001 and 290 of 2001, which set aside the award of the Motor Accident Claims Tribunal ['the Tribunal'] granting compensation to the appellant at the instance of respondent Nos.2 and 3 (driver and owner of the offending vehicle, respectively) as also negatived the appellant's prayer for enhancement of the compensation amount.

2. The appellant alleges that on or about 10th February, 1990, while he was riding his motorcycle, bearing No. RJ-19-6636, he was hit by jeep No. RST-4701, owned by respondent No.3 and purportedly being driven by respondent No.2 at the time, resulting in serious injuries and ultimately, amputation of his right leg above the knee. The appellant subsequently filed an application before the Tribunal, Jodhpur, seeking compensation against the respondents, including the respondent No.1 insurance company. He claimed 40% permanent





























































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