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1985 Supreme(Bom) 326

P.B.SAWANT, B.G.KOLSE PATIL
Raghunath Eknath Hivale – Appellant
Versus
Shardabai Karbhari & others AND Manjulabai Yashwant Medhe & others – Respondent


JUDGMENT - P.B. SAWANT, J.:---There are two appeals filed by the owner of a truck which is a goods vehicle against the decisions of the Accident Claims Tribunal, Ahmednagar, making him liable to pay compensation to the claimants under the Motor Vehicles Act, 1939.

2. The relevant facts leading to both the appeals are as follows:---

The accidents in question took place at about 9-30 a.m. on the 28th July, 1982 near Chandnapuri Shivar on Sangamner-Pune Road. The truck in question bearing Motor Vehicle No. MWA 548 was owned and driven by appellant Raghunath. At the relevant time, it was loaded with 700 baskets full of tomatoes. Along with tomato baskets, the truck was also carrying 15 to 16 owners thereof. Some of them were sitting in the receptacle of the truck and two of them were sitting by the side of the driver. As the truck proceeded after crossing a corner, according to the appellant, a jeep car came from the front and on the wrong side of the road. He therefore, tried to avert a collision, with the result that he took the truck to the extreme side of the road on his side. However, about 2 to 3 persons were working at the time on the left hand side of the road from which side t
























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