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2025 DAILYLAW 20258 (RAJ)

NEW INDIA ASSURANCE CO LTD v. SMT GAYATRI S INGH AND OTHERS

CMA/2270/2010 · 2025-01-07

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4318] (3 of 30) [CMA-2270/2010] Kumar Yadav in S.B. CMA No.2270/2010 Mr. L.L. Gupta with Mr. Lakshaya Kumar Sharma and Mr. Tanmay Mathur in S.B. CMA No.3238/2010 For Respondent(s) : Mr. R.K. Agarwal, Sr. Adv. with Mr. Rajesh Mootha, Mr. Shubham Sharma and Mr. Adhiraj Modi Mr. L.L. Gupta with Mr. Lakshaya Kumar Sharma and Mr. Tanmay Mathur Mr. Rishipal Agarwal with Mr. Vimal Kumar Yadav for respondent no.6 in S.B. Civil Miscellaneous Appeal No. 3238/2010 Mr. Virendra Agarwal for ICICI Lombard Insurance Company HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment / Order REPORTABLE 07/01/2025 1. These two civil misc. appeals were filed aggrieved and dissatisfied from award dated 06.07.2010 in MAC No.62/2007 passed by the Motor Accident Claim Tribunal, Sawai Madhopur (hereinafter referred to as “MACT”) in a petition filed under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as “M.V. Act”). 2. S.B. CMA No.2270/2010 is filed by Insurance Company of Truck No.GJ-10-V-6204 on the ground to challenge findings on negligence with prayer for exoneration of driver, owner and insurer of Truck No.GJ-10-V-6204 from liability of payment of compensation. 3. S.B. CMA No.3238/2010 is filed by claimants-appellants dissatisfied from award on several counts and also modification in award to fasten liability upon Insurance Company of Car No.GJ-