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2002 Supreme(Raj) 1439

H.R.PANWAR
Hanja Bai – Appellant
Versus
Sesa Ram – Respondent


Advocates:
For the Appellant:Mr. Kailash Trivedi, Advocate.
For the Respondent-Insurance Company:Mr. Yashwant Mehta, Advocate.

JUDGMENT

1. - This appeal is directed against the judgment and award dated 10.12.1992 passed by learned Motor Accident Claims Tribunal, Bali (hereinafter referred to as 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 28,000/- in favour of appellant claimants (for short 'the claimants' hereinafter referred to) and against respondents. Being aggrieved and feeling dissatisfied with the quantum of compensation, the claimants have preferred this appeal.

2. Briefly stated facts to the extent they are relevant and necessary for decision of this appeal are that on 5.5.1990 at about 2.30 P.M. Rata Ram was proceeding on bicycle from Bali to Shrisela. When he reached near Officer's Colony, Bali and was opposite to newly constructed Krashi Mandi, at that relevant time a jeep bearing No. RRT 6098 came from behind, which was driven by respondent No. 1 Sesa Ram at great speed, rashly and negligently, hit the bicycle of Rata Ram, due to which Rata Ram fell down on 'Kachi Patari' (Bypath) of the Road and sustained severe head injury. Rata Ram succumbed to the injury. The said jeep was owned by respondent No. 2 Phool Chand and was under valid insurance with respondent No. 3 United In























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