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2011 Supreme(Raj) 1134

MOHAMMAD RAFIQ
Santosh Bai – Appellant
Versus
Mohammed Anish – Respondent


Advocates Appeared
Ali Mohammad Khan, for Appellants;
Vizzy Agrawal, for Respondent Insurance Co.

Hon'ble RAFIQ, J.—This appeal has been preferred by claimants Santosh Bai and Pappu Lal, mother and father of a stillborn child of more than eight months, dissatisfied with quantum of compensation awarded by learned Motor Accident Claims Tribunal, Jhalawar Rajasthan) in MAC Case No.46/2004 and it is prayed that the compensation may be suitably enhanced.

2. A claim petition was filed by claimants contending that on 24.09.2003 at about 12.30 pm claimant Smt. Santosh Bai when reached at main gate of factory premise of Manglam Cement, accompanied with other women, suddenly a jeep No.RJ-33-P-0070 came from Ramganjmandi side. The jeep, which was in a high speed and being driven in rash and negligent manner, hit the claimant, as a result of which she fell down on the earth. Claimant Santosh Bai was taken to the hospital. The claimant was found to have pregnancy of about more than eight months. As a result of the accident, claimant Santosh Bai received injuries. She had a fully grown up foetus of eight months in her womb. On account of the injuries, claimant Santosh Bai was advised to give birth to the child, in order to save her life, and she gave a stillbirth. Learned Tribunal awarded com























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