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2004 Supreme(Raj) 210

S.K.KESHOTE, KHEM CHAND SHARMA
Branch Manager, National Insurance Company Limited, Ajmer – Appellant
Versus
Nanda – Respondent


Advocates Appeared:
Narendra Jain, for Non-claimant No. 3 Appellant Sunit Awasthi & Hari Barath, for Claimant Respondents

Honble KESHOTE, J.–These special appeals arise out of the accident took place on 6.10.1994 and thus the same are taken up for hearing and being decided together by this common judgment.

(2). These appeals relate to both-fatal accident and injuries.

(3). The amount of compensation also varied in these cases looking to the facts thereof.

(4). The Motor Accident Claims Tribunal, Kekri, District Ajmer, (for short, `the Tribunal) vide its judgment dated 20.9.2000, decided the claim cases of the claimant respondents. Though, the appeals against the judgment of the learned Tribunal filed before the learned Single Judge, have been decided by separate orders.

(5). The offending vehicle, undisputedly, was the Truck bearing No. RSZ-5851. The deceased and injured were the passengers/occupants in the offending Truck which met with accident.

(6). Before the learned Tribunal, the non-claimant No. 3 appellant-the Branch Manager, National Insurance Company Limited, Ajmer (hereinafter shall be referred to as `the appellant Company) raised the issue that the offending Truck was not meant for carrying passengers and thus for the death and injuries of the passengers/occupants therein, the liability to pay t


















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