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2024 Supreme(Raj) 317

NUPUR BHATI
National Insurance Company Limited – Appellant
Versus
Gyan Devi W/o Shri Devi Lal – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjeev Johari, Sr. Advocate assisted by Mr. Lalit Parihar.
For the Respondent: Mr. S.L. Jain.

ORDER :

Nupur Bhati, J.

[Civil Misc. Appeal No. 321/2014]

1. This appeal has been filed by the appellant/non-claimant (Insurer) of the offending vehicle under Section 173 of the M.V. Act, 1988 assailing the validity of the judgment and award dated 23.12.2013 passed by learned Judge, Motor Accident Claims Tribunal, Hanumangarh (for short, hereinafter referred to as ‘Tribunal’) in Claim Case No.204/2007 : Gyam Devi v. Pratap @ Rampratap & Ors., whereby the learned Tribunal while partly allowing the claim petition preferred by the claimant/respondent No.1 herein, awarded compensation in favour of claimant/respondent No.1 to the tune of Rs.3,23,800/- alongwith interest @ 6% per annum.

2. Briefly stated, the facts of the case are that the claimant Smt. Gyan Devi filed a claim petition before the learned Tribunal claiming compensation of Rs.32,20,000/- on account of death of her son, who list his life in the accident, which took place on 28.02.2007. In the claim petitions, it was inter-alia stated that on 28.02.2007, Ratanlal, son of the claimant Smt. Gyan Devi was coming in the offending vehicle Canter bearing registration number RJ-31-G-0015 while sitting in the nearby seat of the driver.

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