A. M. AHMADI, J. B. MEHTA, J.

( 1 ) ON the morning of 8th May 1972 at about 6. 00 A. M. Gordhanbhai Tarjabhai was driving his bullock cart laden with cotton along National Highway No. 8 towards Vasad Cross roads with Maheshbhai Ranchhodbhai resting on top of the cotton bales. A speeding Ambassador car No. M. B. C. 7144 driven by one Chandrashekhar K. Nair came from behind and dashed against this bullock cart which was proceeding at a leisurely pace towards Vasad cross roads. As a result of this violent impact from behind the cart driver Gordhanbhai was killed instantaneously. Maheshbhai who was sitting on the top of the cotton was thrown out and sustained injuries. One bullock died on the spot and the other was injured. The cart was reduced to a shambles. The brother and the nephews of the deceased filed a claim application No. 78 of 1972 before the Motor Accident Claims Tribunal Kaira at Nadiad claiming a sum of Rs. 20 0 by way of compensation on the ground that the accident was the direct result of negligence on the part of the driver of the motor car in question. The Claims Tribunal however awarded a sum of Rs. 9 0 by way of compensation from the owner and the insurer of the moto

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