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2024 Supreme(Raj) 812

NUPUR BHATI
IFFCO TOKIO General Insurance Co. Ltd. – Appellant
Versus
Shanti Devi, W/o. Late Nain Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Ayush Goyal on behalf of Mr. Vinay Kothari.
For the Respondent: Mr. Shanker Singh Rajpurohit.

JUDGMENT :

Nupur Bhati, J.

1. The appellant/non-claimant No.3 and claimants, both have filed by the instant appeals under Section 173 of the M.V. Act, 1988, challenging the validity of the judgment and award dated 02.02.2017 passed by learned Judge, Motor Accident Claims Tribunal, Pali (‘Tribunal’) in MAC Case No.198/2015, whereby the learned Tribunal has awarded compensation in favour of claimants to tune of Rs.28,24,712/- along with interest @ 9% p.a. from the date of filing the claim petition on account of death of Sh. Nain Singh.

2. Briefly stated, the facts of the case are that claimants filed a claim petition under Section 140/166 of the M.V. Act, 1988 before the learned Tribunal claiming compensation on account of untimely death of their breadwinner late Sh. Nain Singh. In the claim petition it was stated by the claimants that on 08.07.2015, Nain Singh (deceased) was going on his motorcycle bearing registration number RJ-22-SN-4932 from Bewar to Pali. When the deceased reached near Jadan Bus Stand, then a Truck Trailer bearing registration number RJ-01-GA-2440, which was being plied by its driver, applied break of its vehicle and without using indicator turned his vehicle, as a

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