2011 Supreme(Raj) 2706
A.M.SAPRE, BELA M.TRIVEDI
National Insurance Company Ltd. – Appellant
Versus
Prabha Ojha – Respondent
For the Appellant:Praveen Jain, Advocate.
For the Respondents:Sushil Pujari on behalf of D.P. Pujari, Advocates.
JUDGMENT
1. - The present appeal, filed under section 18 of Rajasthan High Court Ordinance, 1949 read with section 134 of the Rules of High Court of Judicature for Rajasthan, 1952, is directed against the judgment dated 28.11.2001 passed by the learned Single Judge in Civil Misc. Appeal No. 1504/2000, whereby the learned Single Judge partly allowed the appeal of the appellant- Insurance Company and reduced the amount of compensation to Rs. 26,81,000/- from Rs. 53,62,000/- awarded by the Motor Accident Claims Tribunal, Beawar, Ajmer (hereinafter referred to as the 'Tribunal').
2. The short facts giving rise to the present appeal are that the present respondents No. 1 to 5 (original-claimants) had filed a claim petition seeking compensation under section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as the 'M.V.Act') before the Tribunal, for the death of Shri Prabhudayal Ojha, who happened to be the husband of the respondent No. 1, father of respondents No. 2 and 3 and son of respondents No. 4 and 5. The said Prabhudayal Ojha had died in an accident which took place when he was travelling in a Car bearing registration No. WNC- 4093 which was hit by the Truck bearing registr
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