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2024 Supreme(Raj) 657

NARENDRA SINGH DHADDHA
Rajesh Bai W/o Late Girraj Prasad – Appellant
Versus
Jagdish Prasad Sharma S/o Banshi Lal Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Naseemuddin Quazi
For the Respondent: Mr. C.S. Jodha

JUDGMENT :

NARENDRA SINGH DHADDHA, J.

1. Application under Section 5 of the Limitation Act is allowed for the reasons mentioned therein and delay of 76 days in filing the appeal is condoned.

2. The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants-claimants (for short ’the claimant’) dissatisfied with the judgment and award dated 04.04.2017 passed by the Motor Accident Claims Tribunal No.1, Kota (for short ‘the Tribunal’) in claim case No.1514/14 (517/11) whereby the Tribunal has awarded a sum of Rs.6,50,800/- along with interest @ 7.5% per annum from the date of filing the claim petition in favour of the claimants and exonerated the non claimant No.4- Iffko-Tokyo General Insurance Company Limited (for short ‘the Insurance Company’) from its liability to pay the compensation.

3. Learned counsel for the claimants submits that the Tribunal has not considered the evidence and material available on record in the right perspective. Learned counsel for the claimants further submits that the Tribunal has wrongly exonerated the insurance company from its liability to pay the compensation. Learned counsel for the claimants further submits that

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