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2009 Supreme(Raj) 2456

MAHESH BHAGWATI
Pooni – Appellant
Versus
Phool Singh – Respondent


Advocates:
For the Appellant:Rajneesh Gupta, Advocate.
For the Respondent:Archana Mantri, Advocate.

JUDGMENT

1. - Challenge in this appeal is to the judgment and award dated 31.3.2001 whereby the learned Motor Accident Claims Tribunal, Bayana, District Bharatpur decreed an amount of Rs 22,857/- in favour of the appellant-claimant and against the respondent-non-claimants Nos. 1, 2/1 to 2/7 and absolved the liability of respondent No.3 New India Insurance Co. Ltd.

2. The nub of the appellant's story is that :

On 8.12.1993, the claimant-appellant Pooni accompanied by Rajbai, Muli, Dhupi and others were returning from Shekhpur to their village Jagantha. when they reached near 'Puliya' private Bus bearing registration No. RRD 692S emerged at the fast speed from the opposite direction and rammed the traula attached to the tractor resulting into fracture of right hand of the claimant.

3. Heard learned counsel for the parties and perused the relevant material on record including the impugned award.

4. Learned counsel for the appellant has canvassed that the learned Tribunal absolved the Insurance Company of its liability on the ground that the drier of the offending Bus was not having a valid and effective license to drive the vehicle. Albeit, the driver was having learner's license but in v













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