VINEET KOTHARI
State of Rajasthan – Appellant
Versus
Rekha Mahawar – Respondent
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
Rajasthan High Court Advocates Association vs. Union of India & Ors. (AIR 2001 SC 416) 5
Kusum Ingots Alloys Ltd. vs. Union of India & Anr. ((2004) 6 SCC 254) 8
Bloom Dekor Ltd. vs. Subhash Himatlal Desai & Ors. ((1994) 6 SCC 322) 9
Oil and Natural Gas Commission vs. Utpal Kumar Basu & Ors. ((1994) 4 SCC 711) 10
State of Rajasthan & Ors. vs. M/s. Swaika Properties & Anr. (AIR 1985 SC 1289) 11
Union of India & Ors. vs. Adani Exports Ltd. & Anr. ((2002) 1 SCC 567) 13
Smt. Mohna Ramkrishanan & Anr. vs. Smt. Yogam Bala Dev Raj & Anr. (AIR 2003 Raj. 88) 15
Stridewell Leathers (P) Ltd. vs. Bhankerpur Simbhaoli Beverages (P) Ltd. ((1994) 1 SCC 34) 17
Sumitomo Corporation vs. CDC Financial Services (Mauritius) Ltd. & Ors. (AIR 2008 SC 1594) 18
Nasiruddin vs. State Transport Appellate Tribunal (AIR 1976 SC 331) 19
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