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2006 Supreme(Raj) 2358

DINESH MAHESHWARI
Depot Manager, RSRTC – Appellant
Versus
Shorabh Trivedi – Respondent


Advocates Appeared:
Mr. N.K. Rastogi, Mr. Mahendra Trivedi, Mr. Mahesh Thanvi with Mr. Amra Ram Rajpurohit, Mr. R.S. Shekhawat, for the Respondents.

Judgment

Dinesh Maheshwari, J.-These five appeals preferred against the common award dated 26.02.1999 made by the Motor Accidents Claims Tribunal, Banswara relate to the same accident and involve a single common question regarding responsibility towards accident; hence were heard together and are taken up for disposal by this common Judgment .

2. The accident in question occurred on 21.04.1994 at about 8.30 a.m. on Udaipur-Banswara Road on a curve near Lasada village pond in head-on collision of two buses; one bearing registration No. RJ14 P 2438 belonging to the Rajasthan State Road Transport Corporation (RSRTC) driven by late Nandkishore (hereinafter referred to as the ‘roadways bus’) running from Udaipur to Banswara; and the other one coming from opposite direction bearing registration No. RJ12 P 0207 belonging to Shivlal, driven by Jeevan and insured with United India Insurance Co Ltd. (hereinafter referred to as the ‘private bus’). As a result of the accident some of the occupants of the buses sustained injuries and the driver of the roadways bus succumbed to the injuries

3. Separate Claim Applications were submitted seeking compensation for the loss caused by the accident. Wh




























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