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2006 Supreme(Raj) 1725

VINEET KOTHARI
New India Assurance Co. Ltd. – Appellant
Versus
Saddiq Khan – Respondent


Advocates Appeared:
Mr. Ram Singh Rathore, for the Appellant-Insurance Company.
Mr. G.K. Bhartiya, for the Respondent-Claimant.
Mr. Ashutosh Bhatiya, for the Respondent-driver.

Judgment

Vineet Kothari, J.-Since these two appeals are arising out of the same award dated 16.08.1993 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur (hereinafter referred to as ‘the Tribunal’), therefore, the same are being disposed of by this common Judgment .

2. The Tribunal while deciding claim case No. 819 of 1991 vide its award dated 16.08.1993 awarded a compensation of Rs. 2,90,000/-alongwith interest @ 12% per annum in favour of the claimant on account of death of his elephant named Babli, who died upon being hit by offending jeep bearing Registration No. RNX-9550, which was driven in rash and negligent manner by Respondent No. 1, Saddiq Khan, on 110.1998. The said jeep while coming from the opposite side on Amer Fort Road, Jaipur hit the said elephant, which was carrying the tourists over it and as a result of the said hitting, the said elephant suffered injuries and died after three days.

3. The Tribunal decided Issue No. 1 in favour of the claimant and held that the death of the elephant was on account of the said accident only, therefore, the owner of the elephant was entitled for the compensation. The Tribunal awarded Rs. 1 lac towards the cost o












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