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2010 Supreme(Raj) 908

R.S.CHAUHAN
Rani Khinchi – Appellant
Versus
Kaluram – Respondent


Advocates Appeared
Vinay Mathur & Ram Sharan Sharma, for Appellant;
Mrs. Chitra Goel, for Insurance Company;
Sanjay Mishra, for Respondent Nos. 1 & 2

Hon'ble CHAUHAN, J.—Having lost her husband and having lost the case before the Motor Accident Claims Tribunal, Alwar (hereinafter referred to as “the learned Tribunal”) the appellants, the wife and the children, have challenged the award dated 06.11.2008.

2. The brief facts of the case are that on 31.07.2002 while Ravinder Singh Tanwar was going on his motorcycle, bearing No.RJ-01-11, for attending his duty, suddenly a dumper bearing No.RJ-02-G-3697, which was being driven rashly and negligently, came and dashed against the said motorcyle. Resultantly, Ravinder Singh sustained injuries on various parts of the body; ultimately, he died. A claim petition was filed by the complainants. The respondents contested the claim petition and denied the averments made by the appellants. On the basis of the pleadings of the parties, the learned Tribunal framed as many as five issues. On behalf of the claimants, two witnesses were examined and various documents were exhibited. On the other hand, the respondents did not produce any evidence. After hearing both the parties, the learned Tribunal, vide its award dated 06.11.2008, decided the claim petition. Since the claim petition was dismissed, th









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