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2021 Supreme(Raj) 2032

VINIT KUMAR MATHUR
Ram Kumar – Appellant
Versus
Bhajan Lal – Respondent


Advocates appeared:
Anil Bachawat, Advocate, Rakesh Matoria, Advocate

JUDGMENT

1. The matter comes upon an application for deciding the appeal in the light of judgment of Hon'ble the Supreme Court in the case of Mukund Dewangan V/s Oriental Insurance Company Limited(Supra).

2. With the consent of the learned counsel for the parties, the matter is heard and decided at this stage.

3. The present appeal has been preferred by the appellants against the Judgment and Award dtd. 23/7/2009 passed by the Motor Accident Claims Tribunal, Bhadra District Hanumangarh in M.A.C. Case No. 06/2008 whereby, the claim petition filed by the claimants has been allowed, an amount of Rs.1,25,885.00 was awarded as compensation in favour of the respondents/claimants. The present appeal has been preferred by the owner of the pickup vehicle which was involved in the accident which occurred on 9/9/2007.

4. The solitary ground raised by the learned counsel for the appellants is that the findings recorded by the Tribunal on Issue No. 3 are contrary to the judgment of Hon'ble Supreme Court in the case of Mukund Dewangan (Supra). He further submits that the findings recorded by the Tribunal on issue No. 3 is not sustainable in the light of Judgment of Hon'ble Supreme Court in the ca

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