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1993 Supreme(Raj) 836

M.C.JAIN
National Insurance Co. Ltd. – Appellant
Versus
Abdul Majid – Respondent


For the Appellant:Mr. A.R. Mehta, Advocate.
For the Respondents:Mr. N.N. Mathur and G.R. Punia, Advocates.

JUDGMENT

1. - These appeals have been filed against the common judgment of the learned Judge, Motor Accidents Claims Tribunal, Doongarpur, dated 26.8.1985 by which he has awarded compensation to the claimants-respondents as follows:

S. No. M.A.C.T. Case No. Appeal No. Name of deceased/injured
(1) 62 of 1982 76 of 1986 Mohanlal (injured)
(2) 63 of 1982 72 of 1986 Ramlal (deceased)
(3) 64 of 1982 75 of 1986 Lilaram (injured)
(4) 65 of 1982 74 of 1986 Gautamlal (injured)

2. The facts of the cases giving rise to these appeals may be summarised thus. On 26.4.1982, Abdul Majid, respondent No. 1, was driving truck No. RSY 8849 from Vijaypur to Doongarpur. The truck was owned by Himmat Singh, respondent No. 2 and insured by the National Insurance Co. Ltd., appellant. In the way at Ratanpur, the driver Abdul Majid and Pradeep Kumar, opposite party No. 2, allowed several persons to sit and travel in it after obtaining fare from them at the rate of Rs. 41-per passenger. The truck was being driven rashly and negligently. As a result thereof, it toppled down near the village Tharia. Mohanlal, Ramlal, Lilaram and Gautamlal received injuries and Ramlal died as a result of his injuries. Separate claim p

























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