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1989 Supreme(SC) 113

M.M.DUTT, T.K.THOMMEN
Rajendra – Appellant
Versus
Shanta Trivedi – Respondent


Advocates:
B.R.SABHARWAL, C.M.Lodha, H.M.SINGH, H.VAHI, P.R.RAMASESHESH.S.PARIHARHAR

JUDGMENT

DUTT, J. :— This appeal is directed against the judgment and decree of the Rajasthan High Court affirming the award made by the Motor Accident Claims Tribunal Udaipur.

2. In the night between the 3rd and 4th December, 1966, Hari Singh, since deceased, the husband of the appellant No. 1 and the father of the appellant No. 2, hired an Ambassador car belonging to the Rajasthan Mahila Parishad for going to his native village at Kangeti in Madhya Pradesh from Udaipur in Rajasthan. When the car had gone 21 miles from Udaipur, it collided with a truck coming from the opposite direction. It skidded and hit against a tree. As a result of the accident, Hari Singh died on the spot and one Shanker Lal who was also travelling in the same car and happened to be the friend of Hari Singh received some injuries.

3. At the time of his death, Hari Singh was only 25. He left behind him his wife, the appellant No. 1 who was only 18 and the appellant No. 2, his daughter, then only a child.

4. The appellants filed a petition before the Motor Accident Claims Tribunal. Udaipur, claiming a sum of Rs. 1 lac as compensation.

5. The Tribunal came to the finding that the accident which resulted in the deat
















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