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2024 Supreme(Raj) 195

REKHA BORANA
Purushotam, S/o. Heera Lal – Appellant
Versus
Kayumdeen, S/o. Babusiya – Respondent


Advocates Appeared:
For the Appellant : Mr. Narpat Ram.
For the Respondent: Mr. L.D. Khatri.

ORDER :

1. The present civil miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) has been preferred by the claimant-appellant seeking enhancement of the compensation amount as awarded vide judgment dated 12.04.2023 passed in MAC Case No.120/2021 by the learned Motor Accident Claims Tribunal, Merta whereby the claim petition filed by the claimant-appellant under Section 166 of the Act of 1988 was partly allowed and the claimant was held entitled to a compensation of Rs.27,23,406/- with interest @ 9% per annum.

2. Brief facts of the case are that on 22.11.2020, the claimant-appellant, was going on a motorcycle bearing registration No.RJ01-SL-2092 from Padukala towards Ajmer. At about 04:30 pm when he reached near Tehla Sarhad, he was hit from front side by offending vehicle i.e. Bolero bearing registration No.RJ05-UA-5675, being driven rashly and negligently on wrong side by its driver/owner respondent No.1, as a result of which, the claimant sustained injuries. The offending vehicle, on the date of accident, was insured with respond

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