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2023 Supreme(Raj) 205

KULDEEP MATHUR
National Insurance Company Limited, through Senior Divisional Manager – Appellant
Versus
Pani Devi @ Panki w/o Late Shri Govind Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. Himanshu Maheshwari.
For the Respondents: Mr. Sanjeev Johari assisted by Mr. Lalit Parihar.

JUDGMENT :

1. These two appeals are arising out of the same judgment and award rendered by the learned Judge, Motor Accident Claims Tribunal (First), Jodhpur (hereinafter referred to, ‘the Tribunal’) on 25.01.2003 in Civil Misc. Claim No.66/2000, while dealing with a the particular accident which occurred on 01.07.1999, wherein the Tribunal partly allowed the claim petition and awarded Rs.3,44,000/- as compensation to the appellants/claimants.

2. The CMA No.354/2003 is filed by Insurance Company praying to set aside the judgment and award dated 25.01.2003 or in alternative, fastening of complete liability on respondent Nos.7 and 8.

3. The CMA No.631/2003 is preferred by Smt. Pani Devi & Ors. seeking enhancement of compensation as well as interest to be awarded thereupon.

4. The first CMA No.354/2003 has been filed by the Insurance Company on the ground that the driver (respondent No.7) of the truck bearing No.RJ-22-G-0796 to which deceased-Govind Ram met with an accident on 01.07.1999 was not possessing valid driving license thus, there was breach of the policy conditions. It has been

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