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2021 Supreme(Raj) 1749

CHANDRA KUMAR SONGARA
Keshbatti Bai – Appellant
Versus
Kedar Prasad – Respondent


Advocates appeared:
Mr. Sandeep Kumar Sharma, Advocate, for the Appellant; Mr. Santosh Kumar Soni, Mr. Virendra Agarwal, Advocate, for the Respondent.

ORDER

1. Instant miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter to be referred as the 'Act of 1988') has been preferred on behalf of the appellants/claimants praying therein that the impugned judgment and award dated 30.10.2017 passed by the Judge, Motor Accident Claims Tribunal, Dausa (DistrictJudge, Dausa) (hereinafter to be referred as the Tribunal'), in Motor Accident Claims Case No.195/2013, whereby the claim petition filed by the claimants-appellants had been rejected, be quashed and set aside. It is also prayed that the matter be remanded back for granting an opportunity for leading evidence to the claimants-appellants and a direction may also be given to the Tribunal to decide the claim petition afresh.

2. Facts of the present case, in brief, are that the appellants, who were the claimants in the aforementioned claim case, had filed a claim petition under Section 166 of the Act of 1988 claiming compensation on account of death of Jeetu @ Ajeet Singh, husband of appellant No.1, son of appellant Nos.2 & 3 and brother of appellant No.4, in a motor accident, which took place on 25.12.2012, while he was to go to School besides a kachha road on

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