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2023 Supreme(Raj) 270

BIRENDRA KUMAR
Magma H. D. I. General Insurance Company Limited – Appellant
Versus
Shubhla W/o Late Shri Vijendra Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Virendra Agarwal, Chalsi Gangwal.
For the Respondent: Vinay Mathur.

JUDGMENT :

BIRENDRA KUMAR, J.

1. The insurer of the offending vehicle has brought this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) challenging the award dated 22.1.2019 made in Claim Case No. 186/2016 by the Motor Accident Claims Tribunal, Jhunjhunu whereby the learned Tribunal awarded compensation of Rs. 65,94,000/- in favour of respondents No. 1 to 5 along with interest of 7.5% per annum from the date of filing of the claim petition. Respondents No. 1 to 5 had claimed Rs. 2,72,70,000/-. The owner-cum-driver of the vehicle, respondent No. 6, did not contest the claim case nor appeared in this appeal. In the circumstance, the defence available to respondent No. 6 was/is available to the appellant also.

2. The case and claim of the respondent-claimants is that on 21.4.2016, Vijendra Singh, the husband of claimant Smt. Shubhla and parent of claimant-respondents No. 2 and 3 as well as son of respondent No. 4 and 5, was travelling in a Swift Dezire Car bearing Registration No. MH-49-B-6665. The owner-cum-driver of the Car was rash and negligent and lost balance, as a result whereof the motor vehicle accident took place. The driver and Vije

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