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2005 Supreme(Raj) 2644

R.S.CHAUHAN
TILAK RAJ – Appellant
Versus
BALDEV RAJ – Respondent


Advocates Appeared:
Ashok Mehta, K.N.Tiwary, SANDEEP MATHUR, Tripurari Sharma, Vigyan Shah

Judgment


R. S. CHAUHAN, J.

( 1 ) IN an unusual accident involving three trucks, the appellant who was a khalasi, suffered an injury and consequently lost his leg. On 13. 9. 1989 while the truck on which the appellant was a khalasi was going on Gopalpura Bypass, another truck (to be referred as truck No. 2) overtook the said truck from the wrong side and dashed against truck No. 1. Meanwhile, a third truck (to be referred as truck no. 3) was coming from the front and that too dashed against truck No. 1. Consequently, truck No. 1 was sandwiched between truck nos. 2 and 3. As a result of the said accident, the appellants right leg was amputated. Subsequently, the appellant filed claim petition for compensation of rs. 9,32,000.

( 2 ) IN the written statement filed by the three different insurance companies, respondent nos. 3, 6 and 9, they admitted that the respective trucks were insured with them. However, each insurance company blamed the drivers of the other two trucks for causing the accident. After framing five issues, perusing oral and documentary evidence, vide award dated 16. 7. 1994 the motor Accidents Claims Tribunal, Jaipur, was pleased to award a compensation of rs. 1,15,0







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