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1987 Supreme(Raj) 791

JASRAJ CHOPRA
Amarlal – Appellant
Versus
Devilal – Respondent


JUDGMENT

1. - This is an appeal against the Judgment and Award of the learned Motor Accidents Claims Tribunal, Jodhpur (hereinafter referred to as 'the Tribunal') dated May 20, 1982 whereby the learned Tribunal has dismissed the claim of the claimants-appellants.

2. The facts briefly stated are: that on 7-11-1979, at about 2 P.M., Mst. Pushpa aged about 3 years was crushed by a Military Truck bearing No. 77C-18254-A, which was driven by non-applicant-respondent No. 1 Devilal, who was driver in the Military. This incident has been witnessed by PW 3 Kanhaiyalal and Mst. Kamla, the mother of deceased Pushpa. It is alleged that PW 3 Kanhaiyalal noted the number of the truck and gave one slip bearing that number of the truck to the wife of applicant-appellant No. 1 Amarlal as Amarlal has gone to attend a funeral of his tenant. He was informed about the accident. He came to his home and gathered all informations and then lodged its report at Police Station, Mohamandir at about 3-15 P.M. The copy of the F.I.R. has been marked Ex. 2. In this F.I.R. it has been claimed that this accident has been done of non-applicant-respondent No. 1 Devilal, who is driver in the Military. The names of the





















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