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2005 Supreme(Raj) 172

H.R.PANWAR
National Insurance Company Ltd. – Appellant
Versus
Nathi – Respondent


Advocates Appeared:
Mr. Anil Bachawat, for the Applicant-Appellant. Mr. Anuj Sahlot, for the Claimant. Mr. B.N. Kalla, for the Owner.

Judgment

H.R. Panwar, J.-By these review petitions under Order 47 Rule 1 read with Section 114 Code of Civil Procedure, 1908 (for short the Code hereinafter) the applicant-appellant National Insurance Company Limited (for short the Insurance Company hereinafter) seeks review of common Judgment passed in Civil Misc. Appeals No. 570, 579, 581 and 582/1996 dated 03.05.2002.

2. I have heard learned Counsel for the parties.

3. By the Judgment dated 03.05.2002, the aforesaid civil misc. appeals challenging the award passed by the Motor Accident Claims Tribunal, Dungarpur (for short the Tribunal hereinafter) by a common Judgment and order dated 20.07.1996 in as many as 36 claims cases were dismissed by this Court. These appeals arose out of an accident occurred due to rash and negligent driving of Truck No. RJJ 4296 by its driver Hanjilal which resulted in causing death of two persons namely Govind Ram and Bada and causing injuries to as many as 34 persons. The award passed by the Tribunal was challenged by the appellant Insurance Company on issues No. 3 and 5.

4. The aforesaid appeals came to be dismissed by this Court on the premise that issue No. 3 regarding liability of the Insurance








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