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2019 Supreme(SC) 161

A.M.KHANWILKAR, AJAY RASTOGI
Sunita – Appellant
Versus
Rajasthan State Road Transport Corporation – Respondent


Advocates Appeared:
Mr. Anuj Bhandari, Advocate, Ms. Disha Bhandari, Advocate, Mr. Abhinav Srivastava, Advocate, Mr. S. K. Bhattacharya, Advocate, Mr. L.K. Paonam, Advocate, Mr. Niraj Booby Paonam, Advocate and Ms. Tomthinnganbi Koijam, Advocate.

JUDGMENT

A.M. Khanwilkar, J.

Leave granted.

2. The captioned appeal assails the decision of the High Court of Judicature for Rajasthan, Jaipur Bench, dated 25th July, 2018 in S.B. Civil Miscellaneous Appeal No. 521 of 2017, whereby the appeal filed by respondent No. 1 (The Rajasthan State Road Transport Corporation) owner of the offending vehicle, was allowed. The High Court was pleased to set aside the Award passed by the Motor Accident Claims Tribunal, Sawai Madhopur (for short "the Tribunal") in favour of the appellants/claimants for the death of their family member, Sitaram and consequently dismissed the SBCMA No. 581/2017 filed by the appellants for enhancement of the compensation amount granted by the Tribunal.

3. Briefly stated, on 28th October, 2011 at around 7 A.M., Sitaram (husband of appellant No. 1 and father of appellant Nos. 2 and 3, minor children) was riding a motorcycle, bearing registration number RJ-25 SA 6923, along with a pillion rider, one Rajulal Khateek, when the motorcycle collided with a bus coming from the opposite direction bearing registration number RJ-26/P.A. 0042, owned by respondent No. 1 and rashly and negligently driven by respondent No. 2. The accide











































































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