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2019 Supreme(Raj) 1546

SANDEEP MEHTA
Pratap – Appellant
Versus
Raju – Respondent


Advocates Appeared:
Rishabh Shrimali, Advocate, Sanjeev Johari, Advocate

JUDGMENT

Sandeep Mehta, J. - The instant appeal has been preferred by the appellant claimants herein being aggrieved of the judgment-cum-award dated 01.12.2006 passed by the Motor Accident Claims Tribunal, Nathdwara in MAC Case No.130/2005, whereby the claim petition filed by the claimants seeking damages pursuant to the death of Smt. Sayari, wife of the appellant-claimant No.1 and mother of the appellant claimant No.2 in a road accident was partly accepted and they were awarded a total sum of Rs.1,43,000/- as damages. The appeal has been preferred seeking enhancement in the quantum of damages awarded to the appellants.

2. While deciding the claim case, the Tribunal held the owner of the offending vehicle, namely, Nandlal and the insurance company, i.e. the New India Assurance Company Limited, jointly and severally responsible to satisfy the award. Since the findings of the Tribunal regarding the entitlement of the claimants to damages and regarding the liability of the insurance company and the owner of the truck to bear the damages jointly and severally have not been challenged, the s









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