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2005 Supreme(Raj) 2473

R.S.CHAUHAN
Santosh – Appellant
Versus
Chuna Ram – Respondent


Advocates Appeared:
Mr. Sandeep Mathur, for the Appellant. None Present for the Respondent Nos. 1 & 2. Mr. Indresh Sharma, on behalf of Mr. Alok Sharma, for the Respondent No. 3.

Judgment

R.S. Chauhan, J.-On 112.1990, Mr. Badri Narain met an accident with a truck and expired on the spot. At the time of his death he was a 42 years old and was working as Staff Car Driver in the Rajasthan State Road Transport Corporation; he was drawing a salary of Rs. 3,005/-per month. Since, the widowed wife, the mother and the young children were suddenly deprived of the sole bread earner of the family, they filed a claim petition before the Motor Accident Claims Tribunal, Jaipur, wherein, they claimed a compensation for Rs. 18,17,000/-.

2. The Insurance Company in its written statement claimed that the driver of the truck did not have any valid driving license. It further claimed that the truck was not owned by the Respondent No.

2. Moreover, it claimed that it had not been informed about the alleged accident. In order to prove its case, the claimants examined six witneses and submitted a number of documents. The Insurance Company examined three witnesses. The learned Tribunal framed five issues. After considering the oral and documentary evidence, vide award dated 15.07.1993 the learned Tribunal awarded a compensation for Rs. 3,60,000/-. Since, the claimants are still agg








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