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1969 Supreme(Pat) 89

TARKESHWAR NATH, K.K.DUTTA
Bihar Co-operative Motor Vehicles Insurance Society Ltd. – Appellant
Versus
Rameshwar Raut – Respondent


Judgment

Tarkeshwar Nath, J.

1. This appeal by the insurer u/s. 110D of the Motor Vehicles Act, 1939, is directed against the judgment and award of the Claims Tribunal (District Judge),

2. Respondent No. 1 filed an application under Sec.110-A of the aforesaid Act for compensation on account of the death of his mother, Kalawati Rautine aged about 55 years, and his daughter, Bimla Rautine aged about 4 years, which took place in an accident on 1-9-1959 at 4.30 p.m. The said respondent stated in that application that the jeep bearing No. BRR 2222 owned by Shyama Prasad Singh (respondent No. 6) was being driven by Brajendra Prasad Singh on 1-9-1959. The said jeep was coming from Dhanbad and was going to Deoghar, but when it reached Sarsa More near Palajori it dashed against Kalawati Rautine and Bimla Rautine who were standing by the side of the Jamtara Dumka Road and grazing a cow. They sustained injuries and both of them died at the spot He alleged that the jeep was coming in speed and the driver did not blow the horn. The cow which was pregnant lost her back putha and she also died after a few days. It was due to the rash and negligent act of Braiendra Prasad Singh that those lives wer








































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