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2012 Supreme(Raj) 200

NISHA GUPTA
Prabhati Devi – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared
B.C. Rawat, for Appellants;
D.C. Gupta, for Respondents

Hon'ble GUPTA, J.—This misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award 24.5.2003 passed by learned MACT, Neem Ka Thana, District Sikar in MAC No. 122/99 whereby the claim petition filed by the claimants/appellants has been dismissed.

2. The brief facts giving rise to this appeal as alleged in the claim petition are that on 8.12.1998 at around 8.00 am deceased Bhagirath Mal was going in his Tractor. When he reached Sundarpura Joda road, a Bus bearing No. RJ 18-P-0667 which was driven by respondent No. 4 in rash and negligent manner, came from front side and dashed against the Tractor. Due to said accident, Shri Bhagirath Mal has died on the spot and his Tractor was also damaged. Present appellants have filed claim petition which was dismissed by the learned Tribunal on the ground that the claimants have failed to prove the fact that deceased Bhagirath Mal died due to rash and negligent driving of the Bus driver and issue No. 1 has been decided against the present appellants. Hence, this civil misc. appeal.

3. Heard learned counsel for the parties and perused the relevant record especially the impugned judgment and award.

4. The contention





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