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2021 Supreme(Raj) 210

ARUN BHANSALI
Laxman Nebwani – Appellant
Versus
Narendra Sindhi – Respondent


Advocates appeared:
Mr. Prashant Panwar, for the Appellant; Mr. J.C. Vyas, for the Respondent.

JUDGMENT

1. The matter comes up for orders as respondent No. 3 has not been served.

2. Learned counsel for the parties have made submissions pertaining to the merit of the appeal.

3. This appeal is directed against judgment and award dated 02.05.2014 passed by Motor Accident Claims Tribunal (First), Jodhpur, whereby, the Tribunal has awarded compensation of Rs.30,842/- to the appellant and has exonerated the Insurance Company from liability to pay compensation.

4. From a perusal of the judgment and submissions made by learned counsel for parties, it appears that the driver of the offending vehicle was having license to drive 'light motor vehicle' and, therefore, the Tribunal came to the conclusion that as the Insured Vehicle was a Loading Taxi i.e. a 'light transport vehicle', he was not in possession of a valid driving license and consequently, exonerated the Insurance Company.

5. While assessing the quantum of compensation, the Tribunal awarded Rs.2,000/- towards simple injuries, Rs. 15,000/- towards grievous injury, Rs.8,042 towards medical expenses, Rs.3,000/- towards loss to the scooter of the claimant and under rest of the heads, a lump-sum of Rs.10,000/- was awarded. However, whi

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