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2021 Supreme(Raj) 1693

VINIT KUMAR MATHUR
United India Insurance Co. Ltd. – Appellant
Versus
Guddi Kanwar – Respondent


Advocates appeared:
Mr. Sanjeev Johari, Mr. Lalit Parihar, for the Appellant; Mr. G.S.Rathore, for the Respondent.

JUDGMENT

1. With the consent of learned counsel for the parties, the present appeal is being heard and decided finally at this stage itself.

2. The instant appeal has been preferred by the appellant Insurance Company against the judgment dated 05.02.2021 passed by Judge, Motor Accident Claims Tribunal First, Jodhpur in Motor Accident Claim Case No.24/2017 (NCV No.24/2017), whereby the Tribunal partly allowed the claim petition filed by the respondents-claimants and awarded a sum of Rs. 12,95,920/- as compensation with an interest @ 6% p.a.

3. The Tribunal after framing the issues and evaluating the evidence brought on record decided the claim petition. A claim petition was filed on account of death of one Shri Hari Singh in the accident which occurred on 21.04.2016. In the said accident, the deceased sustained fatal injuries and ultimately, he succumbed to the injuries.

4. Learned counsel for the appellant Insurance Company has vehemently argued that the findings recorded by the Tribunal on issue No.2 are erroneous. He submits that at the time of the accident, permit for plying the bus was not in currency and the bus was being plied dehors the permit. Therefore, insurance company is no

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