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2016 Supreme(Raj) 1350

ARUN BHANSALI
National Insurance Company – Appellant
Versus
Om Metals and Minerals Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjeev Johari.
For the Respondents: Mr. Usman Gani and Mr. Bharat Singh.

JUDGMENT :

Arun Bhansali, J.

1. This appeal & cross-objection is directed against the judgment and award dated 16.9.1999 passed by the Motor Accident Claims Tribunal, Udaipur ('the Tribunal') whereby the Tribunal has awarded a sum of Rs. 58,000/- as compensation to the claimant for damage to the Jeep and has held appellant-Insurance Company liable along with the driver and owner of the offending truck.

2. Cross-objection has been filed by the owner of the truck regarding the finding of negligence recorded by the Tribunal.

3. The facts in brief may be noticed thus : the application for compensation was filed by the claimant that on 31.5.1994 at about 11:00 p.m. the jeep of the claimant was plying from Udaipur to Salumber when truck RRY-9413, which was plying from Salumber to Udaipur, came on the wrong side and struck the jeep, resulting in the employees travelling in the jeep getting killed there itself and the jeep being damaged. The present claim pertains to jeep where the compensation was sought to the tune of Rs. 2,50,000/-.

4. The application was opposed by the respondents and t


























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