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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH JAIPUR
S.B. CIVIL FIRST APPEAL NO._________/2014
Girdharilal V/s Karulal and Ors.
SYNOPSIS

1. That the incidence took place on 05.12.2010 in the

evening

around

bringing

back

7:00
his

p.m.

when

buffalos

the

and

appellant

their

calf

was
from

Roshanbadi to Sunel wherein right in from of Sunar

Bagichi
to

a tractor no RJ17RA4080 heading from Sunel

Roshanbadi

collided

with

him

as

well

as

the

cattle . The vehicle was driven by Lal Chand i.e.

resp no 1 and was owned by Swaroop Singh i.e. resp
no 2.

2. That the tractor collided with the appellant who

was

standing

negligent

with

driving

his

cattle

thereby

due

hitting

to
the

rash
cattle

and
as

well the appellant. The trolley of the tractor ran

over the appellants bare legs thereby shattering
them completely and due to the collision with the
buffalo and her calf, the calf died due to the
injuries.

3. That

the

petition

Respondents/Plaintiffs
No.

126/11

before

the

filed
Motor

claim
Vehicle

Accidental Claim Authority (Jhalawad) under section

166-140 Motor Vehicle Act 1988 for claim damages on
05.09.2011.

4. That the appellant/petitioner claimed for a sum of

Rs 32,14,000/-

along with the interest in the name

of damages caused due to the accident, keeping in

mind all the expenses as well as damages incurred.

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5. That a mere compensation amount of Rs 1,50,080 was

granted by the court. Also, the court directed the
respondent to pay an amount of Rs 25,000 in the
form of no fault liability, which was collaborated
with the above mentioned appropriate compensation
value. The respondents were held liable to pay the
decided amount along with an interest of 8% p.a.
starting
decided

from

5.09.2011.

against

the

respondents

were

compensation

jointly

The

issue

insurance
held
as

no.

company.

liable
well

as

to
on

was

Thus

the

pay

the

individual

levels.

Hence,
dated

being

aggrieved

27/09/2014

the

by

the

humble

impugned

judgment

appellant/petitioner

submits this Civil First Appeal.

COUNSEL FOR THE APPELLANT/PETITIONER