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2009 Supreme(Raj) 1114

VINEET KOTHARI
State of Rajasthan – Appellant
Versus
Rekha Mahawar – Respondent


Advocates Appeared
Yashpal Khileree, Dy. Govt. Counsel, for Appellant;
Anand Purohit, Additional Advocate General and President of Rajasthan High Court Lawyers Association and M.R. Singhvi, Advocate, Amicus Curiae

JUDGMENT

Hon'ble DR. KOTHARI, J.—This appeal by the State of Rajasthan through the Secretary, Medical and Health Department, Jaipur and Senior Medical Officer, Incharge, Upgraded Primary Health Centre, Jhadol, Dist. Udaipur has been filed against the claimants and owner of the vehicle against the award of the Motor Accident Claims Tribunal, Ajmer deciding the claim petition No.388/2006 (340/2006) on 8.9.2008 in respect of an accident which took place on 18.6.2005 at 9.30 a.m. at Jhadol, Dist. Udaipur. Since the claimants were residing at Ajmer, in accordance with the provisions of Section 166(2) of the Motor Vehicles Act, 1988, they could file claim petition at the place of their residence besides the place where the accident took place and therefore, they preferred to file said claim petition before the learned MACT, Ajmer and the said claim petition came to be decided by the learned Tribnal on 8.9.2008 awarding a sum of Rs.11,73,000/- in favour of the claimant for the death of one person of 43 years of age, named Homkishore. The death in question also took place in a Hospital at Udaipur when he was being taken to said hospital in ambulance belonging to State Government registered





























































































































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