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2012 Supreme(Raj) 2082

MAHESH CHANDRA SHARMA
United India Insurance Company Ltd. – Appellant
Versus
Smt. Radha Devi – Respondent


Advocates:
For the Appellant Insurance Company:Rizwan Ahmed, Advocate.
For the Claimants:Vinay Mathur, Advocate.

JUDGMENT

1. - United India Insurance Company Ltd. (in short insurance company) has filed this appeal under section 173 of the Motor Vehicles Act against the award dated 11.11.2011 passed by Judge, Motor Motor Accident Claims Tribunal, Ajmer ( in short MACT) in Claim Case No. 636/2010 whereby the claim petition filed by the claimants was allowed and they were awarded compensation in the amount of Rs. 23,74,200/-.

2. The facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary.

3. Brief facts of the case are that on 26.8.2010 at about 5.30 p.m. Girdhari Lal was standing at Jatia Chowk awaiting a transport vehicle for going Nasirabad, but he was hit by the Jeep No. RJ 26 TA 0123 in the accident. Girdharilal sustained serious injuries and died. Claim petition was filed by the claimants under section 166 of the Motor Vehicles Act against, owner, driver and insurance company of Jeep. The defendant No.1 and 2 did not contest the claim petition, hence exparte proceedings were initiated against them. The appellant insurance company submitted its reply stating therein that driver was not having valid and effective driving license to dri







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