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1973 Supreme(Raj) 65

L.S.MEHTA, J.P.JAIN
PADMADEVI – Appellant
Versus
GURBAKSHSINGH – Respondent


Advocates Appeared:
H.M.LODHA, N.M.KASLIWAL, R.P.Goyal

Judgment


JAIN, J.

( 1 ) THIS is a plaintiffs appeal, whose suit for damages has been decreed against respondents Nos. 1 and 5 only, seeking a decree against respondents Nos. 2, 3 and 4 as well.

( 2 ) ONE Manakchand, who was a lower division clerk in the office of the Assistant director of Industries, Jaipur, was coming from his office on 11-10-1960 at about 5. 30 p. m. and going towards Ajmeri Gate on Mirza Ismail Road, was struck by truck No. RJD-672, driven by Gurbaksh Singh, defendant-respondent No. 1. This accident took place near the Show Room of Globe Motors, on the Mirza Ismail road, Jaipur. As a result of this accident Manakchand sustained injuries and he died on the spot soon after. The deceased was 30 years old and was drawing Rs. 110 p. m. He was survived by his widow Mst. Padma Devi, plaintiff No. 1, his son tarachand, plaintiff No. 2 and three daughters, plaintiffs Nos. 3, 4 and 5. They claimed damages on account of the death of Manakchand in a sum of Rs. 20,000/, from Gurbaksh Singh, driver of the truck, Har-charan Lal, defendant No. 2, (owner of the truck) and the New India Insurance Company Ltd. , defendant No. 4. Since the plaintiffs were informed that the truck h







































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