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2010 Supreme(Raj) 721

C.M.TOTLA
Lila Devi – Appellant
Versus
Bobby @ Balwinder Singh – Respondent


Advocates Appeared
R.K. Singhal & G.R. Goyal, for Appellants;
V.K. Agrawal and A.K. Dadhich, for Respondents

Hon'ble TOTLA, J.—Above two appeals, first by claimants for also holding insurer liable and quashing order to pay part of compensation to father and brothers of deceased l and other by owner for holding insurer liable to pay, arise out of the same judgment, so are being decided together.

2. On 31.10.88, at about 10.45 p.m., Shri Madan Gopal, on a public way, was hit by car No. RSK 2700, resulting death due to injuries sustained compensation claim by wife, two minor sons, two minor daughters, parents of two brothers. Allowed and awarded, accepted by the tribunal for Rs.2,86,680/- and interest and in relation to award are the appeals.

3. Relevant brief facts, per claimants, are that Shri Madan Gopal, 30 years, at the relevant time, was employed in government hospital as ward boy – was getting salary about Rs.750/- who also employed as home guard, used to get allowance Rs.15/- per day. On that day, deceased, along with three other home guards, reporting at police station and than riding on cycle, was going to duty place at food corporation. Then, on Suratgarh road, a car fastly and negligently driven, came and struck cycle, made Madan Gopal fell down, than car speedily escaped and injur





























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