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2007 Supreme(Raj) 352

R.S.CHAUHAN
ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
CHARU AGRAWAL – Respondent


Advocates Appeared:
R.S.AGRAWAL, VIRENDRA AGARWAL

Judgment

( 1 ) THE Oriental Insurance Company has challenged the award dated 11-6-97 passed by the Motor Accident Claims tribunal, Dausa (henceforth to be referred to as the Tribunal for short) whereby the learned Tribunal has granted a compensation of Rs. 6. 92,000/- and has held the insurance Company liable to pay the said compensation along with the National Insurance company, the respondent No. 9 before this court.

( 2 ) THE brief facts of the case are that in the night of 17-10-93 Mr. Anoop Agrawal, along with his family members, was travelling in his Maruti car, bearing Registration no. UP-78/g-8210 from Agra to Jaipur. Near sikandara. a truck, bearing Registration No. RJ-05-G-0038, was parked in the middle of the road. There was no indication from the truck that the said truck is parked in middle of the road. Therefore, the driver of the maruti ear, Mr. Prem Sagar did not realise that there is a parked truck in the middle of the road. Consequently, the Maruti car, met with an accident with the stationary truck. As a result of the said accident Mr. Anoop agrawal, the owner of the car died while his other family members suffered injuries. The driver of the car, Mr. Prem Sagar
















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