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1994 Supreme(Raj) 36

R.BALIA
NEW INDIA INSURANCE CO. LTD. , DELHI GATE, UDAIPUR THROUGH SR. DIVISION MANAGER, JODHPUR – Appellant
Versus
INDERSINGH S/O SH. KESAR SINGH – Respondent


Advocates Appeared:
A.K.Acharya, J.M.Bhandari

Judgment


R. BALIA, J.


( 1 ) THIS is an appeal by the Insurance Company against an Award made by the Motor Accidents Claim Tribunal, Udaipur (for short the Tribunal hereinafter), on 5/05/1993 in the following circumstances: indersingh, respondent No. 1 claimant while he was boarding the Bus No. RRJ 6252 near the Bus Stand, B. N. College, Udaipur for going to Chittorgarh and his one leg was on third step and one on the second step of the foot-board the Driver started the Bus, as a result of which he fell down and suffered multiple injuries. The accident took place on Febr 2/02/1987. The Bus is a vehicle which is used for carrying passengers for hire and reward and was insured with the appellant Company. Injured Indersingh claimed compensation against the Owner and Driver of the Bus, who are respondents No. 2 and 3 in the appeal and also against the Insurance Company, the appellant from whom the amount of compensation awarded by the Tribunal is recoverable. The Tribunal awarded a sum of Rs. 25,000. 00 as compensation.

( 2 ) REGARDING the liability of Insurance Company, the Insurance Company pleaded that the claimant was a passenger and under the policy, the liability in respect of pas
















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