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1989 Supreme(Raj) 657

I.S.ISRANI
New Great Insurance Company of India Ltd. – Appellant
Versus
Koshalesh Sharma – Respondent


JUDGMENT

1. - This appeal has been filed by the Insurance Company against the award passed by the Motor Accident Claims Tribunal, Gangapur City, in case No. 31/1972. For the purposes of this appeal, it will suffice to state that an accident took place on November 21, 1971. It is stated that while the respondent No. 1 Koshalesh Sharma was standing on the road on his correct side alongwith some other persons, a bus bearing No. RSL 337, which was coming from Karoli, came and struck him and caused injuries to respondent No. 1 on account of which his leg had to be imputed and he also received severe injuries in the right leg. In the claim petition, the claimant respondent No. 1 claimed a sum of Rs. 2,50,000/- for the loss of his leg, pain and mental agony, but the Tribunal awarded a sum of Rs. 55,000/- only as compensation. The appellant Insurance Company was made liable only to the extent of Rs. 50,000/- and interest thereon.

2. The contention of Shri. G.K. Bhartiya, learned Counsel for the appellant is that the bus No. RSL 337 was registered in the name of Ram Sahai Kanahiya Lai. This vehicle, according to learned Counsel was sold in the year 1962 to one Ramdayal. At the time of accide







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