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1990 Supreme(Raj) 243

R.S.KEJRIWAL, K.C.AGRAWAL
Rajasthan State Road Trans. Corpn. – Appellant
Versus
Pista Agrawal – Respondent


Advocates:
Appearance :
C.N. Sharma and M.K. Sharma, for the Appellant
G.K. Garg, for the Respondents

Judgment

K.C. Agrawal, J.-The accident giving rise to this appeal took place at about 9.30 p.m. on July 16,1978 near Niros Restaurant on Mirza Ismail Road, Jaipur in which Girraj Prasad Agrawal, husband of respondent No. 1 and father of respondent Nos. 2 to 4 died on account of rash and negligent driving of the driver of bus No. RRG 1957 belonging to the Rajasthan State Road Transport Corporation (hereinafter referred to as ‘the Corporation’). Respondent Nos. 5 and 6 are the father and mother of the deceased.

2. A joint application for compensation was made by the heirs and dependants of the deceased Girraj Prasad Agrawal claiming Rs. 13,29,800/-as compensation. The Motor Accidents Claims Tribunal, Jaipur granted an award for Rs. 2,75,000/-. Against the said award two appeals were filed, which were numbered as Civil Miscellaneous Appeal. No. 203 of 1981 and Civil Miscellaneous Appeal No. 177 of 1981. The former appeal was filed for setting aside the judgment of the Motor Accidents Claims Tribunal by the Corporation, whereas the second was filed by Pista Agrawal, the wife of the deceased and other dependants of Girraj Prasad Agrawal.

3. The Tribunal held that the accident occurred d



































































































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