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1984 Supreme(Raj) 441

GUMAN MAL LODHA
Abdul Zabbar – Appellant
Versus
Ram Swaroop – Respondent


JUDGMENT

1. - This appeal filed by the owner of Vehicle No. RRL 7626, and cross-objections by the claimant arise from the accident claims case No. 31 of 1974 decided on 2nd December, 1978.

2. There was a collision between two buses, No. RRL 551 in which Ramswaroop, the claimant, was travelling, and No. RRL 7626, on 17th March, 1974 on account of which Ramswaroop, received serious injuries due to which his right hand was amputated.

3. The Tribunal has held that the driver of both the vehicles were rash and negligent in driving. This part of the finding is not under challenge before this Court. The Tribunal has then held that Ramswaroop would get Rs. 20,000/- as compensation, out of this, Rs. 15,000/- ordered to be paid by the driver Purshottam and the owner Abdul Zabbar, of the bus No RRL 7626, jointly and severally. The costs of Rs. 200/- were also allowed against the insurance company. However, the insurance company with which the bus No. RRL 7626 was insured was held to be not liable but, the insurance company ie. the respondent No. 6, with which the bus No. RRL 551 (the owner of it is Sarfruddin and the driver is (Surajmal) was insured, was held to be liable to pay the compensatio


















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