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2018 Supreme(SC) 1140

A.M.SAPRE, INDU MALHOTRA
Vimla Devi – Appellant
Versus
National Insurance Company Limited – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed by the claimants against the final judgment and order dated 23.03.2015 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in SBCMA No. 1739 of 2007 whereby the High Court dismissed the appeal filed by the claimants and affirmed the award dated 05.12.2005 passed by the MACT Chomu (Jaipur) in MAC Case No. 48/2005.

3. In order to appreciate the issues arising in the case, it is necessary to set out the relevant facts hereinbelow.

4. The appellants are the claimants/plaintiffs whereas the respondents are the non-applicants/defendants in the claim petition out of which this appeal arises.

5. One Rajendra Prasad aged around 25 years was travelling in the passenger Bus bearing No.RJ-07-P-2151 as its bona fide passenger on 03.06.2003 for going to a place called "Chomu". When the Bus reached near Police Station, Chomu, a Truck bearing No. HR-55A-7729, which was going towards Jaipur from Chomu came on a high speed and dashed against Bus. The impact of dash against the Bus was so violent that Rajendra Prasad, who was sitting inside the Bus, sustained grievous injuries resulting in his instant death. This



































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