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2009 Supreme(Raj) 1158

MAHESH BHAGWATI
Kamal Motor Parts Co. Pvt. Ltd. – Appellant
Versus
New India Insurance Co. – Respondent


Advocates Appeared
Krishna Verma & Sandeep Mathur, for Appellants;
Virendra Agrawal, for Respondents

Hon'ble BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 16th November, 1999 rendered by the Motor Accident Claim Tribunal, Jaipur, whereby, the learned Tribunal decreed an amount of Rs. 25,000/- in favour of claimant-respondent No.2 Parmanand and against the appellants-non-claimants Nos. 1 and 2.

2. The nub of the appellants' story is that-

On 16th April, 1992 at about 5:10 pm, the claimant Parmanand was going on his Luna No. RJ-14-3128 from the direction of Krishi Bhawan towards Ambedkar Circle at Jaipur. When he reached a turning point, the appellant No.2 Hardev Singh came on his scooter No. RJ 14-3M-3641. He drove his scooter rashly and negligently at a fast speed and collided with his Luna resulting into grievous injuries on legs of claimant Parmanand.

3. Heard learned counsel for the appellants, learned counsel for the respondents and carefully perused the relevant material available on record.

4. Learned counsel for the appellant has filed this appeal on the following grounds:-

i) That it was the claimant Parmanand who drove his Luna negligently and collided with the scooter of the appellant Hardev Singh. Thus, the negligence of scooter driver is not prove








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