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2021 Supreme(Raj) 1812

ARUN BHANSALI
United India Insurance Company Limited – Appellant
Versus
Dhudaram Jat – Respondent


Advocates appeared:
Mr. Sanjeev Johari, Advocate., for the Appellant; Mr. Sanjay Nahar with Mr. Pushkar Timani, Advocate, for the Respondent(s)

JUDGMENT

These appeals are directed against the judgment and awards dated 22.02.2021 passed by Motor Accident Claims Tribunal, Bikaner, whereby, the Tribunal has awarded compensation to the tune of Rs.19,20,000/- in the case of Dhudaram and Rs.14,81,000/- in the case of Smt. Jashoda alongwith interest @ 7% per annum from the date of filing application i.e. 06.05.2016.

The applications for compensation were filed by the claimants inter alia with the submissions that on 17.12.2015 Ramkishan and Ramesh were riding on a motorcycle, when at around 09:30 p.m., the offending vehicle, which was being driven rashly and negligently, came from the wrong side and struck the motorcycle resulting in grievous injurious to both Ramkishan and Ramesh, to which they succumbed.

On account of the untimely death of both Ramkishan and Ramesh compensation was sought.

Reply to the applications was filed by owner and driver of the vehicle denying that the accident occur on account of any negligence of the driver of the vehicle and in the alternate submitted that liability was that of the Insurance Company.

The appellant - Insurance Company filed its reply and took defence that the driver was not in possession of

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