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2024 Supreme(Raj) 173

BIRENDRA KUMAR
Dadama @ Dadamchand S/o. Gamera Meena – Appellant
Versus
Suresh Kumar Meena S/o. Amrit Lal Meena – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Rakhi Choudhary for Mr. Deelip Kawadia
For the Respondent: Mr. Vipul Singhvi

JUDGMENT :

1. The appellant has challenged judgment and award dated 08.01.2015 made by the Motor Accident Claims Tribunal No.1, Udaipur in Motor Accident Claim Petition No.359/2011. The appellant had claimed compensation for serious injuries/permanent disablement sustained by him.

2. Challenge is on the ground that the Tribunal has wrongly exonerated respondent no.3 Insurer of offending vehicle from liability on the ground that driver of the offending vehicle had no driving licence. Further challenge is on the ground that meager amount has been awarded, which should be enhanced.

3. Heard counsel for the appellant as well as respondent no.3-Insurance Company.

4. Brief facts of this case are that on 17.12.2010 appellant was driving motor-cycle bearing Regn.No.RJ27/SD-2446. One Dinesh Meena was a pillion. At 4:30 pm a loading Tempo bearing Regn. No.RJ27/GA-7847, being driven by respondent no.1, rashly and negligently caused accident to the motor-cycle riders, wherein the appellant sustained fracture on the right thigh and had to undergo continuous treatment of four months. Respondent no.2 was owner of the said vehicle. The owner and driver did not contest claim case nor produce any eviden

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