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2014 Supreme(Raj) 1566

J.K.RANKA
Kamla Devi – Appellant
Versus
Mahendra Singh – Respondent


For the Appellant:Bhanu Prakash Verma, Advocate.
For the Respondents:Sultan Singh, Umesh Dubey on behalf of Gordhan Bardar, Advocates.

JUDGMENT

1. - Instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been filed by the claimants-appellants seeking enhancement of the award dated 30/03/2007 passed by the Motor Accident Claims Tribunal, Tonk in claim case No.70/1996 by which a compensation to the tune of Rs. 3,89,200/- has been awarded to the claimants-appellants.

2. The brief facts, as emerging on the face of record and gathered from the arguments advanced by counsel for the parties, are that on 24/08/2005, the deceased Babu Lal, while going towards Reengus on motor cycle, when reached near Jhankar Hotel, at about 4.30 PM, a truck bearing No.RJ-09-G- 2833, which was being driven by his driver in a rash and negligent manner, hit the motor cycle resulting in sustaining injuries and ultimate death of deceased Babu Lal.

3. The claimants-appellants submitted claim petition before the Tribunal wherein it was pleaded that the respondent No.1 was driver of the offending vehicle while the respondent No.2 was owner and both are liable to pay compensation, however, since the vehicle was insured with the Insurance Company, the Insurance Company was also impleaded as respondent No.3.

4. Respondents No.1 and 2 did not appear b






















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