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2008 Supreme(Raj) 1603

R.S.CHAUHAN
United India Insurance Co. Ltd. – Appellant
Versus
Smt. Meena Jain – Respondent


Advocates:
For the Appellant:Mr. Vigyan Shah, Advocate.
For the Respondent:Mr. Sandeep Mathur, Advocate.

JUDGMENT

1. - The appellant, United India Insurance Co. Ltd., has challenged the award dated 15.10.1993 passed by the Motor Accident Claims Tribunal, Ajmer (hereinafter referred to the "learned tribunal") whereby the learned Tribunal had awarded a Compensation of Rs. 8,44,400/- to the respondents claimants.

2. The brief facts of the case are that on 25.10.1990 about 10:30 AM, the deceased, Mr. Vijay Kumay Jain, met with an accident with a truck, bearing registration No.RJZ 8733 which was being driven rashly and negligently. Consequently, Dr. Jain expired. Since his family, consisting of wife, children, mother, two unmarried sisters and one brother, were all dependent upon the deceased, they filed a claim petition before the learned Tribunal. In order to support their case, they examined three witnesses. The appellant-company examined a single witness. Before the learned Tribunal, the appellant-company specifically raised an objection that it was not liable to pay compensation to the claimants. For, the accident had taken place at 10:30 AM on 25.10.1990, but the insurance policy did not come into effect till 4:00 PM on the same day. Therefore, according to the appellant-company, at t









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