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2008 Supreme(Raj) 46

MANAK MOHTA
Sunita – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
APPEARANCES :
Mr. Vikas Bijarniya for Mr. G.R. Punia, Advocate, for the Appellants.
None present on behalf of Respondent No. 1.
Mr. S.K. Poonia, Advocate, for the Non-claimant-Respondents No. 2 and 3.

Judgment

Manak Mohta, J.—The instant appeal has been preferred by the claimants against the judgment and Award dt. 17.04.2007 passed by the learned Judge, Motor Accident Claims Tribunal, Rajgarh District Churu in MACT Case No. 88/2005, whereby the learned Court-below has partly allowed the claim petition and awarded compensation in the sum of Rs. 2,02,000/- in their favour.

2. Brief facts of this appeal are that on 01.10.2005 at about 10.00 PM deceased Bhalaram @ Ram Prasad and Mohar Singh started on Tractor No. RJ-10-R/4792 from Rajgarh for Nagal badi. Mohar Singh was driving the Tractor and deceased Bhalaram was sitting on the Tractor. When they reached near Lutana Barrier at Hissar Road, then, one Bus bearing No. RJ-18P/1160 driven by its driver Sant Ram came behind them and dashed the said Tractor, on account of which, the trolley of the Tractor turtled, Bhalaram fell down and sustained injuries during accident, whereby, Bhalaram @ Ram Prasad died on the spot and Mohar Singh sustained injuries on his person. An FIR of this incident was lodged at Police Station Rajgarh. The police after thorough investigation, filed challan under Secs. 279, 337 and 338 IPC against respondent No.





















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