LOKNATH PRASAD
New India Assurance Company Limited – Appellant
Versus
Archana Kumari – Respondent
Loknath Prasad, J.
1. M.A. Nos. 199 to 202 of 1994 (R) were taken up together as all these four appeals had arisen from the common judgment dated 29.6.1994 passed by Mr. B.K. Sinha, 2nd Addl. District Judge, Chaibasa-cum-Motor Accidents Claims Tribunal thereby and there under the M.J.C. Case Nos. 22 to 25 of 1989 were disposed of by the common judgment by the Tribunal and compensation was allowed in part. This common judgment will dispose of all these four appeals.
2. The fact in short for the purpose of these appeals is that one Upendra Jha along with his wife Geeta Jha and two minor sons, namely, Chintu Jha aged 10 years and Mintu Jha aged 6 years were going together after hiring a Tempo van bearing registration No. BPT 6184 on 21.1.1989 towards Jamshedpur side from Gamaria. When the Tempo reached near dairy farm on Gamaria-Jamshedpur road then at about 9 a.m. or so Matador bearing No. BPJ 873 came from behind with a great speed and due to rash and negligent driving of the driver of Matador it dashed against the Tempo from behind at such a speed and that too on the side of the road killing all the four occupants on the spot. Immediately F.I.R. bearing Adityapur P.S. Case
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