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2013 Supreme(Raj) 290

ARUN BHANSALI
Indra Devi – Appellant
Versus
Anand Prakash Malviya – Respondent


Advocates Appeared
M.R. Patel, for Appellants;
D.K. Bhootra, for Respondent-Insurance Company

JUDGMENT

Hon'ble BHANSALI, J.—This appeal is directed against the judgment and award dated 16.7.2011 passed by the Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby the application for compensation ('the application') filed by the appellants under Section 163A of the Motor Vehicles Act, 1988 ('the Act') has been rejected.

2. The brief facts of the case may be noticed thus : an application under Section 163A of the Act was filed by the appellants, who are wife, daughter and mother of one Mohan Ram @ Mohan Lal seeking compensation to the tune of Rs. 4,68,300/- with the averments that Mohan Ram was travelling in Bus No.RJ-07-P-4245 on 30.1.2007 from Jodhpur to Rohit when on the National Highway No.65, the bus collided with Truck No.HR-38-G-4311, which resulted in death of Mohan Ram, a passenger in the bus. It was claimed that as the death occurred due to accident arising out of the use of the bus, the claimants were entitled to seek compensation as per Second Schedule to the Act from the owner and insurer of the bus jointly and severally. It was claimed that the deceased was aged 23 years and was working as Munim and Salesman with M/s. Kundanlal Pukhraj, Tripoliya Bazar, Jo





































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