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2010 Supreme(Raj) 205

MAHESH BHAGWATI
National Insurance Co. – Appellant
Versus
Harikishore Sharma – Respondent


Advocates Appeared
Tripurari Sharma, for Insurance Company;
Sandeep Mathur, for Hari Kishore Sharma

Hon'ble BHAGWATI, J.—The aforesaid two appeals arise out of and pertain to judgment and award dated 11th April, 2001 rendered by Motor Accident Claims Tribunal, Jaipur City, Jaipur, whereby the learned Tribunal decreed an amount of Rs.75,000/- in favour of appellant Hari Kishore Sharma and against the respondents no. 1 to 4.

2. Aggrieved with the meagre amount of Rs. 75,000/-, the appellant Hari Kishore Sharma has preferred an appeal for enhancement of compensation.

3. Conversely, aggrieved with the same judgment, the National Insurance Company has filed this appeal praying to set-aside the award dated 11th April, 2001 as the Company was not liable to pay any compensation.

Civil Misc. Appeal No. 778/2001:

4. The crucial question springing for consideration in the instant appeal is as to whether the Insurance Company was not liable to pay the amount of compensation to the injured claimant Hari Kishore Sharma in the event when the truck bearing registration no. RJ 25 G – 0131 was requisitioned by the State Government for election duty, which is alleged to have been involved in the accident?

5. For the disposal of the instant appeal, the back ground facts, in a nut shell, are stated thus:




















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