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2019 Supreme(Raj) 1109

P.K.LOHRA
Balveer Singh – Appellant
Versus
Arjun Singh Bariya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Deelip Kawadia & G.S. Rathore
For the Respondent: T.R.S. Sodha

JUDGMENT :

P.K. LOHRA, J.

Appellants, who have lost their young bachelor son, have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) for enhancement of compensation amount determined and awarded by Motor Accident Claims Tribunal, Dungarpur (for short, ‘Tribunal’) by judgment and award dated 25th of August, 2011, passed in MAC Case No. 2/2005, questioning the impugned judgment and award on two counts; firstly, that the learned Tribunal has grossly erred in absolving the insurer of its liability to pay compensation, and secondly, the amount of compensation quantified and awarded by the learned Tribunal is not adequate.

2. By the impugned award, learned Tribunal decided the claim petition of the appellants under Section 166 of the Act and one other claim petition bearing MAC Case No. 3164/2005, filed by injured Jitendra Singh, arising out of the same accident. The learned Tribunal awarded compensation to the appellant-claimants to the tune of Rs.6,20,000 under different heads against the claimed amount of Rs.31,75,000 fastening liability on ow

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