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2005 Supreme(Raj) 2365

SATYA PRAKASH PATHAK
R. S. R. T. C. – Appellant
Versus
Vaibhav Kumar – Respondent


Advocates Appeared:
Mr. Virenda Agarwal, for the Appellants.
Mr. R.S. Rathore on behalf of S.C. Srivastava, for the Respondents.

Judgment

Satya Prakash Pathak, J.-In the present appeal filed under Section 173, Motor Vehicles Act, 1988 Rajasthan State Road Transport Corporation has prayed for setting aside the Judgment and award dated 13.07.1994 passed by learned Motor Accident Claims Tribunal, Neem Ka Thana and dismiss the claim petition of respondents No. 1 and 2.

2. Brief facts of the case as unfolded in the claim petition are to the effect that on 09.09.1991 at about 12.45 when the claimant Vaibhav Kumar was returning to his house from school, near bus-stand Neem Ka Thana a bus of Rajasthan State Road Transport Corporation having Registration No. RNE 6599 driven rashly and negligently struck against him and crushed his left leg, which resulted in permanent disability to the applicant and there has been depreciation of 70% in his physical and mental ability. It was further averred in the petition that he lost one year of his study and due to the accident and was suffering regular pain and his body vibrates. It was also averred that his future has become suspicious and future prospects have been ruined as he will not be able to compete in all those competitions where physical fitness is must and will not be






















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