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2009 Supreme(Raj) 493

K.S.CHAUDHARI
Govind – Appellant
Versus
Kailash – Respondent


Advocates Appeared
Sandeep Mathur, for Appellant;
Satyendra Sharma, for Respondent No.3;
None present for Non-petitioner No.1 and 2

Hon'ble CHAUDHARI, J.—This appeal has been filed by the appellant against the award dated 6.8.99 passed by the Judge, MACT, Dausa, in MAC No. 142/98 (Govind vs. Kailash & others.) by which learned Tribunal awarded claim of Rs.1,52,600/-.

2. Brief facts of the case are that on 22.5.97 appellant was travelling as labourer in tractor trolley towards his village. When tractor reached near Truck Union, truck No.GJ-7 X-6123 which was driven by respondent No.1 rashly and negligently, hit tractor trolley, on account of which appellant sustained injuries. This truck is owned by respondent No.2 and insured by respondent No.3,hence, appellant claimed compensation.

3. Respondent No.1 and 2 did not appear before Tribunal and respondent No.3 filed reply and raised many objections and prayed for dismissal of the claim petition. After recording evidence, learned Tribunal awarded compensation as above, against which this appeal has been filed.

4. None appeared for respondent No.1 and 2. Heard learned counsel for the appellant and respondent No.3 and perused the record.

5. Learned counsel for the appellant submitted that looking to the injuries and disability, learned Tribunal has committed error in awa









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