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1984 Supreme(Raj) 418

GUMAN MAL LODHA
New India Assurance Co. – Appellant
Versus
Gauri Shanker Sharma – Respondent


JUDGMENT

1. - This appeal has been filed by the insurer and the owner of truck No. RJX 1898 jointly against the award of the Motor Accidents Claims Tribunal, Tonk, granting compensation of Rs. 14,841 though the claim submitted was for Rs. 26,650 for an accident in which one truck dashed against other truck.

2. Gaurishanker, claimant-respondent No, 1, the owner of truck No. RSJ 248, claimed damages caused to his truck in the accident which took place on the midnight of March 29/30, 1979, near Soyala village on the main road when his truck was standing as it has become out of order. The cause of the accident, as alleged, was that while the said truck No. RSJ 248 was standing on one side of the main road and in the said truck, its driver and cleaner were sleeping, in the morning at about 7.30 a.m. one truck No. RJX 1898, which was being driven by Tulsiram, respondent No. 2, came from the side of Jaipur going towards Tonk, with a very high speed being driven rashly and negligently and collided with the said truck RSJ 248 which was standing on one side of the road, with the result the said truck was smashed. A complaint was lodged in the police station and, thereafter, this claim petitio































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