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1984 Supreme(Raj) 467

GUMAN MAL LODHA
Tejpal Singh – Appellant
Versus
Rajasthan State Road Transport Corporation and anther – Respondent


JUDGMENT

1. - Tej Pal Singh, the claimant, who was aged 16 years at the time of filing of the ciaim petition, has filed this appeal against the rejection of his claim by the Motor Accident Claims Tribunal, Bbaratpur, on the ground that it has not been proved that the accident took place on account of the fault or negligence or rashness of the bus driver-Mullan, who was driving the Corporation's bus No. RJA 3601. The accident, as alleged, took place on 17th January, 1976 at 10.15 a.m. while the claimant-Tejpal Singh on his cycle was going to his village Peerka (Nagar) via Bharatpur-Khakawali (Nagar). While he reached near Khakawali which is 4 miles away from Nagar; Bus No. RJA 3601 which is owned by the Rajasthan State Road Transport Corporation, came with a fast speed from behind him and struck the claimant, as result of which right leg of the claimant was seriously crushed by the bus.

2. Before this Court, there is no dispute and it is common ground that, Tejpal Singh, the appellant, was going on cycle and there was an accident with the bus of the Corporation, as a result of which, Tejpal Singh sustained various injuries and one of his leg was amputed, as a whole.

3. The tribunal ha




















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