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2009 Supreme(Raj) 2548

MAHESH BHAGWATI
Amit Kumar Sharma – Appellant
Versus
Kedar Sharma – Respondent


For the Appellant:Mr. Sandeep Mathur, Advocate.
For the Respondent:Mr. Virendra Agarwal on behalf of Ms. Archana Mantri, Advocates.

JUDGMENT

1. - Challenge in this appeal is to the judgment and award dated 18.7.2007 rendered by Motor Accident Claims Tribunal, Jaipur City, Jaipur, whereby the learned Tribunal held the appellant entitled to claim Rs. 1,61,500/- from the non claimants-respondents, but decreed only an amount of Rs. 80,800/- in his favour and against the respondents.

2. Background facts in a nut-shell are thus :

"On 28th December, 2003, appellant-claimant Amit Kumar and Jitendra Kumar Jangid @ Guddu were going by a motor cycle No. RJ 14-33 M2035 from Jaipur to Ajmer. Jitendra Kumar Jangid was riding the motor cycle and the appellant Amit Kumar was a pillion rider. The motor cycle was being driven with controlled speed and in right direction. It is averred that at about 12.30 PM when the motor cycle rider reached near Samman Hotel, one bus bearing registration No. RJ 141P2092 owned by Rajasthan State Road Transport Corporation being driven by its driver rashly and negligently turned to wrong side and dashed against the motor cycle resulting in the injuries to both rider and the pillion rider of the motor cycle. The appellant filed a claim petition before the Tribunal, which held the contributory neglig















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