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1986 Supreme(Raj) 217

G.M.LODHA
Darshani Devi – Appellant
Versus
Sheo Ram – Respondent


Advocates:
Appearance :
G.C. Mathur, for the Intervener
S.C. Srivastava and H.M. Bhargava, for the Appellant
Dalip Singh, G.K. Bhartiya and R.M. Lodha, for the Respondents

Judgment

G.M. Lodha, J.-These nine appeals, bearing Nos. 226 of 1984, 230 of 1984, 228 of 1984, 215 of 1984, 141 of 1985, 42 of 1985, 139 of 1985, 140 of 1985 and 138 of 1985, all arise from one accident in which a number of persons were injured and two, including the driver-cum-owner, were fatally injured. All the claimants have filed appeals for increase of the compensation awarded by the Accidents Claims Tribunal. The owner of the truck, M/s. Oriental Road Lines and the claimants, who are legal representatives of the deceased driver-cum-owner of the car have also filed appeals. None of the insurance companies have come in appeal.

2. Theunfortunate accident happened on January 28, 1978, at about 5.30 a.m. when the car bearing registration No. RSG 214 collided with a trailer No. RSR 3125 in front of the residence of the Collector on Jai Singh Highway, Jaipur. The result was the death of the taxi driver and the occupants of the taxi also sustained grievous injuries and one Shankari Devi died.

3. Thefirst point which requires consideration is as to who was responsible for the accident. The evidence recorded shows that PW 1, Nawal Kishore, stated that the car No. RSG 214 was running

















































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