NEW INDIA ASSURANCE CO. LTD, BRANCH AT ALWAR Vs. NEERAJ SAINI AND ORS.
LAWS(RAJ)-2018-4-159
HIGH COURT OF RAJASTHAN
Decided on April 10,2018

New India Assurance Co. Ltd, Branch At Alwar Appellant
VERSUS
Neeraj Saini And Ors. Respondents

JUDGEMENT

SABINA,J. - (1.) Appellant has filed this appeal, challenging the award dated 03.02.2015 passed by the Motor Accident Claim Tribunal, whereby, claim petition filed by respondent No.1 was allowed.
(2.) Learned counsel for the appellant has submitted that respondent No.1 had failed to establish that the accident had occurred on account of rash and negligent driving of respondent No.2 while driving the offending truck. Respondent No.1 has proved two disability certificates on record. As per Exhibit-71, respondent No.1 had suffered disability to the tune of 12%, whereas, as per Exhibit-72, respondent No.1 had suffered disability to the tune of 61.62%. The doctor, who had prepared Exhibit-72 has not been examined before the Tribunal.
(3.) Learned counsel for respondent No.1 on the other hand, has opposed the appeal.;


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