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2023 Supreme(Raj) 1311

ASHUTOSH KUMAR
Lali wife of Late Shri Nathu Ram – Appellant
Versus
Namo Narain Meena @ Ram Narayan Meena S/o Shri Jauhari Lal Meena – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gaurav Sharma, Mr. Sandeep Mathur
For the Respondent: Ms. Archana Mantri for Insurance Company

JUDGMENT :

1. As the appeal and cross-objection involve common question of facts and law, they are being decided by the instant common order.

2. The instant appeal has been filed by the appellants – claimants under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 04.11.2011 passed by Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as the 'Tribunal') in MAC Case No.978/2009, whereby the learned Tribunal has partly allowed the claim petition filed by the appellants-claimants (hereinafter referred to as the 'claimants') and awarded a compensation of Rs.4,40,000/- in favour of the claimants.

3. The claimants submitted a claim petition claiming compensation of Rs.58,04,000/-. After hearing learned counsel for the parties, decided the claim petition of the claimants and passed the impugned judgment and award. Hence, the present appeal.

4. Learned counsel for the claimants contended that the learned Tribunal has erred in passing the impugned judgment by awarding the compensation on a lower side. Learned Tribunal assessed the i

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