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1994 Supreme(Raj) 602

M.C.JAIN
New India Assurance Co. Ltd. – Appellant
Versus
Jagannath Singh – Respondent


For the Appellant:Mr. R.M. Lodha, Advocate.
For the Respondents:Mr. V.S. Gurjar and Mr. Ajay Gupta, Advocates.

JUDGMENT

1. - These appeals Accidents Claims Tribunal, Jaipur, dated have been filed under Section 110-D, Motor 29.1.1988, awarding compensation to the Vehicles Act, 1939, against the common claimants-respondents as noted below: judgment of the learned Judge, Motor

S. No. No. and year of appeal
(1) 154 of 1988
(2) 271 of 1988
(3) 270 of 1988

2. The facts of the case giving rise to these appeals may be summarised thus. On 5.5.1985, at about 6.30 p.m., deceased Hempal, Srinarayan and Jagdish Narayan were going on motor cycle No. RRG 1189 to Jaipur from Bassi. It was being driven by the deceased Hempal on the correct side of the road. When it was near the octroi outpost, truck No. RNB 1677 came from the opposite direction rashly and negligently and struck the motor cycle resulting in the death of all the three riders. Claim petitions were accordingly filed by their legal representatives against the owner, driver and insurer of the said truck, i.e., Ratanlal Agrawal, respondent No. 5, Ranjeet Singh and New India Assurance Co. Ltd., appellant, respectively. Mehar Singh, the special power of attorney holder of the owner, was also impleaded as an opposite party. All of them filed their replies










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