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2021 Supreme(Raj) 222

ARUN BHANSALI
Oriental Insurance Company Limited – Appellant
Versus
Indra Devi – Respondent


Advocates appeared:
Mr. Mukul Singhvi, Ms. Prateethi Singhvi, for the Appellant; Mr. Ravi Panwar, Mr. Rajpal Chouhan, for the Respondent.

JUDGMENT

1. This appeal is directed against the judgment and award dated 26.4.2019 passed by Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs.25,62,000/- as compensation alongwith interest @ 9% per annum from the date of application i.e. 17.1.2017.

2. The application for compensation was filed by the nine claimants, who were wife, children, parents and brothers of one Hari Ram, inter alia, with the submissions that Hari Ram was going on motorcycle when the offending vehicle a Mahindra Jeep, which was being driven rashly and negligently, collided with the motorcycle, resulting in, grievous injuries to Hari Ram, to which, he succumbed. It was claimed that the deceased was aged 28 years and was involved in grocery business, operating a flour mill and he used to undertake agricultural operations and earned Rs.21,500/- per month. Based on the said submissions, compensation was sought to the tune of Rs. 1,35,08,000/-.

3. The application was contested by the Insurance Company questioning the avements made in the application. The other non-claimants also filed reply and contested the claim.

4. The Tribunal framed four issues. On behalf of the

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