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2021 Supreme(Raj) 1698

ARUN BHANSALI
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Bhuri – Respondent


Advocates appeared:
Mr. J. C. Vyas, for the Appellant; Mr. G. S. Rathore, for the Respondent

ORDER

1. This appeal is directed against the judgment and award dated 03.05.2019 passed by Motor Accident Claims Tribunal - I, Jodhpur, whereby, the Tribunal has awarded a sum of Rs.10,60,792/- alongwith interest @ 9% per annum from the date of application i.e. 30.08.2014.

2. The application for compensation was filed inter alia with the submissions that one - Kojaram was riding on a motorcycle on 30.05.2014, when the offending vehicle struck him from behind resulting in the deceased suffering grievous injuries, to which he ultimately succumbed. It is claimed that the deceased - Kojaram was aged 25 years, was a workman and used to earn Rs. 15,000/-per month, based on the said submissions, compensation to the tune of Rs. 1,09,58,000/- was claimed. The matter proceeded ex-parte against the driver and owners of the vehicle.

3. The appellant - Insurance Company filed its reply and contested the claim.

4. Based on the pleadings of the parties, Tribunal framed four issues. On behalf of the claimants, two witnesses were examined and eleven documents were exhibited. On behalf of the Insurance Company, one witness was examined and one document was exhibited.

5. After hearing the parties, the Tri

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