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2011 Supreme(Raj) 418

MAHESH CHANDRA SHARMA
Oriental Insurance Co. Ltd. – Appellant
Versus
Teekaam Chand Jain – Respondent


Advocates Appeared
Virendra Agrawal, for Appellant;
Jitendra Mitruka, for Respondent-Insurance Co.

Hon'ble SHARMA, J.—This appeal has been filed against the award dated 16.11.2006 passed by Judge, Motor Accident Claims Tribunal & Special Court (Communal Riots), Jaipur in Claim Case No. 814/2004 (465/1997) whereby an award of Rs. 19,32,480 was passed in favour of the claimant respondent No.1.

2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

3. The brief facts giving rise to this appeal are that the claimant respondent No. 1 filed a claim petition before the Motor Accident Claims Tribunal, Jaipur under the provisions of Motor Vehicles Act on account of the alleged loss suffered by him due to injuries sustained in the road accident allegedly occurred on 31.3.1996 at about 4.00 p.m. when the claimant was traveling in jeep No. RJ 19 C 6510 with Rewat Singh, and when the said jeep crossed the Barwala Bye pass suddenly a TATA 704 Truck HR 46 8889 came from Jhansi side and hit the said jeep resulting injuries to the claimant and death of jeep driver. The said truck was being driven by respondent No. 2 rash and negligently. The said truck was owned by respondent No. 3 and was insured with the appellant insurance c












































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