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Judgment
Dalip Singh, J.—This appeal has been filed against the award dated 21.8.1993 passed by the learned Judge, Motor Accidents Claims Tribunal (First), Ajmer, in the Motor Accident Claim Case No. 57 of 1980 whereby compensation amounting to Rs. 40,000 together with interest at the rate of 15 per cent per annum was awarded to the respondent Kanhaiyalal on account of injury suffered by him in the motor accident involving truck bearing registration No. RSZ 3501.
The submission of the learned counsel for the appellant is that the learned Tribunal could not have fastened the liability on the insurance company in view of the provisions contained in insurance policy in clause 7 of the general exceptions on account of the vehicle being requisitioned by the government for election duty and consequently the insurance company is not liable. The above point has already been settled by this court in the case in United India Insurance Co. Ltd. Vs. Shivraj and Others, which was relied upon by the Tribunal and I see no reason to take a different view.
In view of the aforesaid, the award passed by the learned Tribunal, whereby the appellant insurance company has been made jointly and severally liable along with the State Government, owner of the vehicle and the driver, calls for no interference and consequently the appeal fails and is hereby dismissed.