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2013 Supreme(SC) 1322

G.S.SINGHVI, V.GOPALA GOWDA
Narendra Singh – Appellant
Versus
Nishant Sharma – Respondent


Advocates Appeared:
For the Pettioners :- Mr. Pradeep Aggarwal, Mr. Lal Pratap Singh, Mr. Ram Niwas, Mr. Umesh Pratap Singh and Ms. Ruchi Kohli, Advocates.
For the Respondents:- Mr. Amit Kumar Singh, Ms. K. Enatoli Sema, Advocates and Mr. Joseph Aristotle, Senior Advocate.

ORDER :

Leave granted.

2. This appeal has been filed by the appellant questioning the correctness of the judgment dated 2nd January, 2012 passed in S.B. Civil Misc. Appeal No. 543 of 2005 by the High Court of Rajasthan at Jodhpur in marginally increasing the award dated 19th November 2004, passed by the M.A.C.T. Jaipur City (hereinafter called as the 'Tribunal') in MAC Petition No. 93/04 (122/2000) urging various facts and legal contentions in support of his claim made in this appeal.

3. Necessary relevant facts are stated hereunder to appreciate the case of the appellant and also to find out whether the appellant is entitled for the relief prayed for in this appeal. The appellant Narendra Singh, on the fateful day of 10.10.1998 at around 8 p.m., was going along with Respondent no. 1 Nishant Sharma, from Vidyut Nagar on scooter bearing Registration no. RJ 14 20M 1120, as a pillion rider, to see the Javier Fair. When they crossed the Sushilpura Culvert, the scooter slipped on account of negligence and careless driving by the Respondent no. 1. The appellant fell down and as a consequence, suffered grievous injuries and finally had to get his right leg amputated after operation conducted

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