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2010 Supreme(Raj) 672

MAHESH BHAGWATI
Raja Ram – Appellant
Versus
Rajendra – Respondent


Advocates Appeared
Ram Singh Rathore, for Appellant;
Vizzy Agarwal, for Respondent No.3-National Insurance Co.

Hon'ble BHAGWATI, J.—Challege in this appeal is to the judgment and award dated 20.08.1999 rendered by the Motor Accident Claims Tribunal Jaipur District, Jaipur whereby the learned Tribunal decreed an amount of Rs. 70,000/- in favour of the claimant-appellant and against non-claimant-respondent Nos. 1 & 2. The appellant has preferred this appeal for enhancement of the quantum of compensation and fixing the liability upon respondent No.3-the National Insurance Co. Ltd. also.

2. Back ground facts, in a nut-shell, are thus:

That on 15th of July 1996 at about 7.00 p.m., the injured appellant-Raja Ram was going from Kachhi Basti, Jagatpura in a Vikram Tempo bearing registration No. RJ-14-P-4866. It is alleged that the vehicle Vikram Tempo was being driven by its driver rashly and negligently and at a fast speed. It is stated that no sooner did the Tempo reach "TARON KI KOONT" than it suddenly turned turtled and the appellant got pressed under it. The claimant appellant sustained injuries on his right hand and leg.

3. Heard the learned counsel for the appellant as also the learned counsel for respondent No.3-the National Insurance Co. Ltd. and carefully perused the relevant material on rec














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