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2023 Supreme(Raj) 1275

RAJENDRA PRAKASH SONI
Gauttam Chhapar son of late Shri Bal Mukand – Appellant
Versus
Devi Singh son of Shri Mangal Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mudit Vaishnava
For the Respondent: Mr. Sunil A. Vyas

JUDGMENT :

1. This appeal is directed by the claimants for enhancement of compensation against judgment and award dated 13.05.1999 passed by the Motor Accident Claims Tribunal No.1, Jodhpur (hereinafter referred to as “the Tribunal”) in Motor Accident Claim Petition No. 54/1991 (208/1995).

2. The widow, children, mother and father were original claimants. Respondents No. 1 and 2 were driver and owner respectively while respondent No. 3 was the insurer of the offending vehicle.

3. The relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled to relief of enhancement of compensation as prayed in the present appeal. The accident occurred on 11.11.1990, when a jeep bearing registration number RST 4644 collided with a scooter bearing registration number RPK 3762 causing death of driver of scooter Bal Mukand, which led to the claim petition preferred against the parties of the jeep attributing negligence on the part of the driver of the jeep. The scooter was being driven by deceased Bal Mukand and the offending jeep was being

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