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2014 Supreme(Raj) 756

ARUN BHANSALI
Mandakani – Appellant
Versus
Abhay Singh – Respondent


For the Appellants:Rajvendra Sarswat and Dr. Sachin Acharya, Advocates.
For the Respondents:U.C.S. Singhvi, Advocate.

JUDGMENT

1. - This appeal is directed against the judgment and award dated 03.05.1999 passed by Motor Accident Claims Tribunal, Rajsamand ('the Tribunal'), whereby, for the death of one Dheeraj Murdia, the Tribunal has awarded a sum of Rs. 8,84,000/- as compensation alongwith interest @ 12% per annum from the date of filing application for compensation ('the application') i.e. 05.03.1992.

2. The facts in brief may be noticed thus: The claimants - wife, children and parents of the deceased filed the application, inter alia, with the averments that while travelling from Udaipur to Ajmer on 29.08.1991 at around 10.45 AM, the vehicle in which the deceased alongwith his co-passengers was travelling, met with an accident with a Tanker bearing Registration No.DGI 7608, being driven rashly and negligently by its driver, which resulted in grievous injuries to the said Dheeraj Murdia to which he ultimately succumbed.

3. The claimants claimed compensation to the tune of Rs. 79,98,000/-. A reply to the application was filed by the Insurance Company disputing the averments contained therein and disputing its liability as well.

4. The Tribunal framed four issues and came to the conclusion that the

















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