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2006 Supreme(Raj) 867

R.S.CHAUHAN
National Insurance Company Ltd. – Appellant
Versus
Abhay Singh Yadav – Respondent


Advocates Appeared:
Mr. Vizzy Agarwal, for the Appellant.

Judgment

R.S. Chauhan, J.-The appellant Insurance Company, has challenged the award dated 110.2005 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur (Raj.) whereby the learned Tribunal has awarded a compensation of Rs. 1,50,000/-to the claimants, for the injuries sustained by them in an accident.

2. The brief facts of the case are that on 18.02.2001 Mintu, son of the claimant-respondents No. 1 and 2 was travelling in a Jeep, bearing Registration No. RJ-14/C-6855, alongwith her family, for attending a marriage. Around 7.30 PM. while the Jeep was moving at a moderate speed, a truck, bearing Registration No. D1-1GB-4299, was standing on the left side of the road outside a Dhaba. Although it was night, the truck neither had any indicator, nor any reflector on to let the drivers coming from behind know that the truck was parked on the road. Since the driver of the Jeep did not see the parked truck, it collided with the truck. Resultantly, four persons died and others, like Mintu sustained fatal injuries. Since Mintu had suffered fatal injuries, the Respondents No. 1 and 2 filed a claim petition before the learned Tribunal. The driver and the owner of the truck did







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