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2000 Supreme(Raj) 1111

RAJESH BALIA
Rameshwar Lal – Appellant
Versus
Rukmani Devi – Respondent


Advocates:
For the Appellant:Dinseh Maheshwari, Advocate.
For the Respondent Nos. to 4:Arvind Samdariya, Advocate.
For the Respondent Nos. 5 and 6 inspite of service: None.

JUDGMENT

1. - Heard learned Counsel.

2. This appeal is under Motor Vehicles Act, 1988 against the judgment and award of the Motor Accident Claims Tribunal, Bhilwara dated 4.5.1991 in Claim Case No. 19 of 1983. The claim was filed by respondent Nos. 1 to 4 arising out of an accident which took place on 12.7.1983 on the highway between Bhilwara and Ajmer within the municipal limits of Bhilwara, which resulted in death of Radheshyam, whose dependents six in number were the claimants who included the widow of the deceased,three dependent children and both parents. Parents have died since the pendency of this case. A claim for a sum of 7,15,000 was lodged against the present appellant, the insurer United Indian Insurance Co. Ltd., Madras with whom the vehicle involved in the accident has been insured, and Mathuralal, alleged to be the Driver of the vehicle. In the application it has been stated that the claimants do not know who the driver was but had said that the respondent No. 3 has been named on the basis of information available from the investigation in the criminal case arising out of the accident in which the respondent No. 3 was found to be driving the vehicle. All the respon

















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