J.B.MEHTA, A.M.AHMADI
Shakurmiya Imammiya Shaikh – Appellant
Versus
Minor Surendra Singh Rup Singh – Respondent
JUDGMENT :
J.B. MEHTA, J.
1. The original opponents Nos. 1, 2 and 3 and the claimants have filed respectively these two appeals against the award of the Claims Tribunal awarding compensation of Rs. 34,500/- with proportionate costs and interest from the date of the application till payment at 6%. The concerned widow has also now expired on February 3, 1976 and therefore, only four minor claimants are now represented by the grand-father. The deceased Rajusing Dipsing was a police constable at Shamlaji on the night of May 5, 1973. He had been sent at mid-night to Ahmedabad to deliver an urgent message of the Sub-Inspector at Shamlaji Police Station to Ahmedabad and that is why this unfortunate constable was carried as a pillion rider on the motor-cycle in question driven by opponent No. 6 Balkrishna Joshi. On this fatal night the motor cycle was proceeding from Shamlaji to Ahmedabad along the north-south road and the accident took place after a distance of one kilometer from Chandrala village on this road. This tar road is admittedly 21'-9" wide with Kutcha shoulders on both the sides of 6'-6". The truck came from the opposite side with full dazzling light and therefore, the motor cycl
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