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NUPUR BHATI
Magma Hdi General Insurance Co. Ltd. , Through Authorized Signatory, Magma Hdi General Insurance Co. Ltd. – Appellant
Versus
Tina Soni, W/o. Lt. Sh. Dilip Kumar – Respondent
JUDGMENT :
(Nupur Bhati, J.) :
1. The S.B. Civil Misc. Appeal no. 2388/2019, seeking quashing and setting aside qua appellant/insurance company, has been preferred by the Appellant/Insurance Company under Section 173 of the Motor Vehicles Act, 1988(hereinafter as ‘the Act’) against the judgment and award dated 26.06.2019(hereinafter as ‘impugned award’) passed by MACT-I, Jodhpur in Claim Case No. 24/2015. And S.B. Civil Misc. Appeal No. 2667/2019, seeking enhancement of the awarded compensation, has been preferred by the respondents/claimants under Section 173 of the Act against the impugned award. As both the appeals arise from the common order, the same are being decided by this common order and facts of S.B. Civil Misc. Appeal no. 2388/2019 are being taken illustratively.
2. Briefly stated the facts of the case are that on 11.07.2014 Dileep Kumar Soni (hereinafter as ‘the deceased’) was traveling to Balesar in the vehicle bearing registration no. RJ19 UA 7936(hereinafter as ‘the offending vehicle’), and at around 11:00 PM, the vehicle while being driven rashly and negligently by Respondent no. 7/driver turned turtle and as a result the deceased sustained grievous injuries and died
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