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1986 Supreme(Raj) 621

N.M.KASLIWAL, I.S.ISRANI
Roop Narain – Appellant
Versus
Avtar Singh – Respondent


JUDGMENT

1. - This is a D.B. Special Appeal under rule 18 of the Rajasthan High Court Ordinance against the judgment dated 24.9.1984 passed by the learned single Judge of this High Court in S.B. Civil Misc. Appeal No. 26 of 1982 which was tiled against the award of Motor Accidents Claims Tribunal, Jaipur. dated 17.9.1981 in M.A.C. No. 149 of 1979.

2. It will not he necessary for the decision of this appeal to narrate all the facts of the accident, on account of which the claim petition arose. Suffice it to sav. deceased Mahesh ('hand aged 24 years lost his life on account of unfortunate accident, which occurred on 26.3.1979 due to negligence of respondent No. 1, the driver of truck No. RSG 9737. A claim of Rs. 1,20,00/- was, therefore. filed by the appellants. The Claims Tribunal framed first issue regarding rash and negligent driving and second and third issues regarding quantum of compensation to be awarded to the claimants. After trial of the case, the learned 207 (Rajasthan). Tribunal held that the accident took place on account of negligent driving of respondent No. I and passed an award on 17.9.1981 for a sure of Rs. 20,000/- with interest at the rate of 12 per cent per annum















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