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1987 Supreme(Raj) 935

I.S.ISRANI
Phooli Devi – Appellant
Versus
Inderjeet Singh – Respondent


JUDGMENT

1. - This appeal under section 110-D of the Motor Vehicles Act, 1939 (herein- after referred to as 'the Act'), is against the award dated 29.1.1986, passed by Motor Accidents Claims Tribunal, in case No. 60 of 1982, by which the appellants were awarded amount of Rs. 1,06,100/- as compensation. However, Rs. 53,050/- were deducted on account of contributory negligence of the deceased Ramswaroop.

2. In brief the facts of the case are that on 22.1.1982, at about 11.00 p.m. deceased Ramswaroop was coming on cycle from National Ball Bearing Company, and was going towards Sodala/Civil Lines, on his right side, a truck bearing No. DEG 444 was coming from the side of Civil Lines/Sodala Road and dragged the deceased at the crossing of Ajmer Road Bridge. Respondent No. 2, Dhanni Ram, driver of the truck, in his written statement pleaded that the cyclist was cross- ing the main road but did not care to see the truck and came all of a sudden under the truck. The insurance company pleaded that its liability was restricted to the extent of Rs. 50,000/- only. The deceased, who was aged 26 years, lost his life on account of this accident. The Tribunal after hearing both the sides came to th

















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