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2004 Supreme(MP) 865

S.S.JHA, A.K.GOHIL
JAYRAJ – Appellant
Versus
KALURAM – Respondent


Advocates Appeared:
B.N.MALHOTRA, M.K.JAIN

S. S. JHA, A. K. GOHIL, J.

( 1 ) THIS appeal is filed by the owner and driver of the vehicle challenging the findings of Claims Tribunal. The learned counsel for the appellants submitted that the accident by the tractortrolley owned by Hariram, appellant No. 2, has not been proved. He submitted that there is no evidence regarding the factum of accident. He further submitted that the insurance company has improperly been exonerated. He has also assailed the quantum of compensation.

( 2 ) THE counsel for the claimants, i. e. , respondent Nos. 1 and 2 submitted that the award is on the lower side. Factum of the accident has been proved. He has filed cross-objection for enhancement of the compensation.

( 3 ) COUNSEL for the insurance company submitted that the Claims Tribunal has rightly held that the insurance company is not liable to indemnify the insured.

( 4 ) DECEASED Sitaram s/o Kaluram was aged about 16 years. On 18. 5. 1995 he was travelling in a trolley of the tractor owned by Hariram, appellant No. 2. The tractor was driven by Jairam, appellant No. 1. Vehicle was driven in a rash and negligent manner which resulted in fall of Sitaram from the tractor-trolley. He came under th








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