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2023 Supreme(Raj) 357

REKHA BORANA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Jagdish Kumar S/o. Narayanlal – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishal Singhal.
For the Respondent: Mr. Prashant Panwar.

JUDGMENT :

1. The present appeals arise out of the award dated 26.09.2012 passed by the Motor Accident Claims Tribunal, Sirohi (hereinafter referred to as 'the learned Tribunal'), whereby compensation of Rs.4,17,000/- along with interest @ 6% has been awarded in favour of the claimants.

2. The case of the claimants is that Smt. Badami Devi expired as a result of the injuries sustained by her on 8.5.2010 when she was travelling as a pillion rider on a motorcycle driven by her son Shri Kailash Kumar. The said motorcycle was hit by one 'Pick-up' No.RJ-16-GA-0623 which was coming from opposite direction in a rash and negligent manner resulting into the deceased falling on the road and expiring on the spot.

3. Being aggrieved by the award passed by the learned Tribunal, S.B. Civil Misc. Appeal No.2563/2012 has been preferred by Reliance General Insurance Company Limited (for short 'the Insurance Company') and S.B. Civil Misc. Appeal No.133/2013 has been preferred by the claimants for enhancement of compensation.

4. The main ground raised by the Insurance Company is that the driver was driving a 'Pick-Up' which is a transport vehicle whereas he was having a Driving Licence for driving a 'Lig

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