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2024 Supreme(Raj) 330

NUPUR BHATI
United India Insurance Company Ltd. – Appellant
Versus
Sita Ram Chouhan S/o Puranmal – Respondent


Advocates Appeared:
For the Appellant : Mr. T.R.S. Sodha.
For the Respondent: Mr. S.K. Sankhla, R-1/claimant.

JUDGMENT :

Nupur Bhati, J.

1. This misc. appeal has been filed by the appellant- United India Insurance Co. Ltd. assailing the validity of the judgment and award dated 02.06.2015 passed by learned Judge, Motor Accident Claim Tribunal, Parbatsar, District Nagaur (‘Tribunal’) in MAC Case No.33/2012, whereby the learned Tribunal has awarded compensation of Rs.1,96,321/- alongwith interest @ 6% p.a. in favour of claimant/cross-objector for the injuries suffered by him in the accident. The liability to pay the compensation was fastened upon the appellant/non-claimant No.3.

2. Briefly stated, the facts of the case are that claimant, Sitaram Chouhan filed a claim petition on 18.02.2012 claiming compensation of Rs.39,57,000/- alleging therein that on 07.01.2012 while the claimant was going on his motorcycle (RJ- 21-5M-1355) with pillion rider Mewaram from Jiliya to Karkedi, when the driver/non-claimant No.2 of the offending vehicle (Mini Truck No.RJ-37-GA-0139) while plying the vehicle rashly and negligently hit the motorcycle, as a result of which the claimant sustained grievous injuries. The said accident took place due to rash and negligent driving of the driver of said mini truck. At the

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