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1984 Supreme(Raj) 444

P.K.BANERJEE
Kota Sand Company – Appellant
Versus
Santosh Talwar – Respondent


JUDGMENT

1. - These four appeals, two at the instance of M/s. Kota Sand Company, Gumanpura, Kota and the other two at the instance of State of Rajasthan, arose out of an accident which occurred on 11th November, 1970.

2. One Mrs. Girija Krishnamurthi and her minor son, K. Ramani filed a claim petition against M/s. Kota Sand Company and others on 7th January, 1971. In the other case, Mrs. Santosh Talwar, wife of deceased Shyamlal and her minor daughters filed a case against the appellants on 23rd November, 1970, arising out of the accident dated 11th November, 1970. Respondents 1 and 2 made a claim of Rs. 7,42,522/-, and in that of Mrs. Santosh Talwar alongwith her daughters, the claim was of Rs. 4,94,472/-. After consideration of the evidence and the other facts and circumstances of the case. the Motor Accidents Claims Tribunal, Kota (hereinafter for short 'the Tribunal') in Girija Krishnamurthi's case, passed a decree for Rs. 1,37,000/-; and in that of Mrs. Santosh Talwar's case, a decree for Rs. 1,11,000/- was passed.

3. It appears that on the fateful day, Mr. V. Krishnamurthi, Deputy Director, accompanied by Mr. K.G.S. Iyengar, Executive Engineer, Hydrolic Division. J.S. Dam, Mr.






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