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2024 Supreme(Online)(RAJ) 3446

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SMT. JAIRY AND ORS. – Respondent


Advocates:
Mr. Jagdish Vyas, Mr. Love Jain

Order

1. The appellant/non-claimant No.3 has filed by the instant appeal under Section 173 of the M.V. Act, 1988, challenging the validity of the judgment and award dated 03.08.2013 passed by learned Judge, Motor Accident Claims Tribunal, Dungarpur (‘Tribunal’) in MAC Case No.293/2009, whereby the learned Tribunal has awarded compensation in favour of claimants to tune of Rs.17,28,120/- along with interest @ 9% p.a. from the date of filing the claim petition on account of death of Sh. Vikram Singh.

2. Briefly stated, the facts of the case are that claimants filed a claim petition under Section 166 of the M.V. Act, 1988 before the learned Tribunal claiming compensation on account of untimely death of their son late Sh. Vikram Singh. In the claim petition it was stated by the claimants that on 16.09.2008 at about 7:30 PM, while deceased was going towards Ashpur on Motorcycle No.RJ- 12SB-1705, and when he reached near village Nadali, a truck RJ- 30G-1011 coming from the opposite direction and was being plied by its driver rashly and negligently, hit the motorcycle. As a result of which, Vikram Singh sustained injuries and he died on the spot. At the time of accident, the deceased was 25

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