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2003 Supreme(Raj) 8

O.P.BISHNOI
QAZI ATTA MOHD – Appellant
Versus
SYED FAZAL ALI – Respondent


Advocates Appeared:
D.R.Lunkar, G.M.KHAN, Rajesh Panwar

Judgment


O. P. BISHNOI, J.

( 1 ) THESE four appeals have been filed against the judgment dated 28. 4. 1998 delivered by the learned Motor accidents Claims Tribunal, Nagaur.

( 2 ) ON 6. 8. 1992 at about 5. 30 a. m. a jeep bearing No. RJ 19-4407 overturned, near Nagaur as a result of which one Abdul kareem was fatally wounded. The appellant Qazi Atta Mohammed also received injuries. Sawai Singh was the driver of the said jeep at the time of accident and the appellant Fazal Ali was the owner of the said vehicle. The jeep was insured with the respondent United India Insurance Co. Ltd. at the relevant time.

( 3 ) QAZI Atta Mohd. filed Claim Petition no. 6 of 1993 claiming Rs. 12,00,000 as damages on account of injuries received by him. Claim Petition No. 47 of 1992 was filed by the legal heirs of the deceased abdul Kareem, who claimed Rs. 9,25,000 as damages. Fazal Ali, who was the owner of the jeep filed Claim Petition No. 16 of 1993 and claimed Rs. 46,500 on account of alleged damage caused to the jeep.

( 4 ) AFTER the replies were filed by the respective opposite parties, issues were framed and after the evidence of all the parties was recorded, all the three claim petitions were











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